Withdrawal of cases and appeals by Sessions Judges
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Summary
A Sessions Judge may withdraw or recall any case or appeal he has transferred to a Chief Judicial Magistrate, and may recall matters sent to an Additional Sessions Judge before that judge’s trial or hearing begins. After withdrawal or recall the Sessions Judge can either try or hear the matter himself or reassign it to another court under the Sanhita.
Example
Priya files an FIR after a shop dispute. The Sessions Judge had earlier made the case over to the Chief Judicial Magistrate. Before the magistrate began trial, the Sessions Judge withdrew the case and chose to try it himself.
Bare Act
Enacted text(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a 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 Sanhita to another Court for trial or hearing, as the case may be.
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