CrPC 408 — Power of Sessions Judge to transfer cases and appeals

Code of Criminal Procedure, 1973

Statutory text

(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 Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High  Court  for  an  order  under  sub-section (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.]

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