438. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record.
Explanation.- All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any
person either to the High Court or to the Sessions Judge, no further
application by the same person shall be entertained by the other of them.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 431 Arrest of accused in appeal from acquittal
Section 432 Appellate Court may take further evidence or direct it to be taken
Section 433 Procedure where Judges of Court of appeal are equally divided
Section 434 Finality of judgments and orders on appeal
Section 435 Abatement of appeals
Section 436 Reference to High Court
Section 437 Disposal of case according to decision of High Court
Section 438 Calling for records to exercise powers of revision