What is Power of Sessions Judge to transfer cases and appeals? What is Withdrawal of cases and appeals by Session Judge? Section 408 and 409 of Code of Criminal Procedure 1973

Power of Sessions Judge to transfer cases and appeals and withdrawal of cases and appeals by Session Judge are defined under Section 408 and 409 of CRPC 1973. Provisions under these sections are:

Section 408 of CRPC "Power of Sessions Judge to transfer cases and appeals"

(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his Sessions division.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

(3) The provisions of sub-sections (3), (4), (5), (6) (7) and (9) of Section 407 shall apply in relation to an application to the Session, Judge for an order under sub-section (1) as they apply in relation to an application to High Court for an order under sub-sec. (1) of Section 407 except that sub-section (7) of that section shall so apply as if for the words, "one thousand rupees" occurring therein the words "two hundred and fifty rupees" were substituted.

STATE AMENDMENT
Kerala
Amendment of section 408. -In section 408 of the principal Act, for the words "any other Magistrate", the words "other Magistrate of the first class", and for the words "any Magistrate" the words "a Magistrate of the first class", shall be substituted.

[Vide Kerala Act 5 of 1957, s. 3.]

Section 409 of CRPC "Withdrawal of cases and appeals by Session Judge"

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case appeal which he has made over to any Additional Session Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provision of this Code to another Court for trial or hearing, as the case may be.

STATE AMENDMENT
Kerala
Substitution of new section for section 409. -For section 409 of the principal Act, the following section shall be substituted, namely:-

409. Appeals to Court of Section how heard.-An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an Additional Sessions Judge shall hear only such appeals as the State Government may, by general or special order, direct or as the Sessions Judge of the division may make over to him.

[Vide Kerala Act 5 of 1957, s. 4.]