Appeal to Court of Session how heard
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Summary
Appeals to the Court of Session are heard by the Sessions Judge or an Additional Sessions Judge. An appeal against a conviction by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate. An Additional Sessions Judge or Chief Judicial Magistrate may only hear appeals that the Sessions Judge of the division assigns to them or the High Court directs.
Example
Priya is convicted by a Magistrate of the second class and appeals to the Court of Session. Her appeal may be heard and disposed of by the Chief Judicial Magistrate rather than by the Sessions Judge.
Bare Act
Enacted text(1) Subject to the provisions of sub-section (2), 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 appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.
(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
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