Withdrawal of cases and Appeals -
Section 409, 410 and Section 411 of the Code of Criminal Procedure speaks about the withdrawal of cases and appeals.
1) Withdrawal of cases and appeals by Sessions Judges -
According to Section 409 of the code of criminal procedure 1973 -
(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 a 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.
According to Section 412 of the code of criminal procedure 1973, a Session judge shall record his reasons for making and order of withdrawal under section 409 of the code.
2) Withdrawal of cases by Judicial Magistrates
As per Section 410 of the Code of Criminal Procedure -
(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to any other Magistrate and may inquire into or try such case himself.
3) Making over or withdrawal of cases by Executive Magistrates
According to Section 411 of the Code of Criminal Procedure Code 1973, any District Magistrate or Sub-divisional Magistrate may-
(a) makeover, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
According to Section 412 of the Code of Criminal Procedure, an executive magistrate making an order, withdrawing an order or proceeding under section 411 of the code shall record his reasons for making it.
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