CrPC 409 — Withdrawal of cases and appeals by Session Judge

Code of Criminal Procedure, 1973

Statutory text

(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 or appeal which he has made over to any Additional Sessions 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 provisions 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.]

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