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CrPC, 1973
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CrPCChapter XXXISection 410
Section410

Withdrawal of cases by Judicial Magistrates

AI Assist

Summary

Chief Judicial Magistrate may withdraw or recall any case from a subordinate magistrate and either inquire into or try it personally, or refer it for inquiry or trial to another competent magistrate. A Judicial Magistrate may also recall any case he had made over to another magistrate and may inquire into or try that case himself.

Example

Priya files a theft FIR and the case is being handled by a subordinate magistrate. The Chief Judicial Magistrate can withdraw that case and either try it himself or send it to another competent magistrate. If the Judicial Magistrate had previously made over the case to someone else, he may recall it and try it himself.

Bare Act

Enacted text

(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 require into or try such cases himself.

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XXXI

Chapter XXXI

Transfer Of Criminal Cases

In this chapter

  • 406Power of Supreme Court to transfer cases and appeals
  • 407Power of High Court to transfer cases and appeals
  • 408Power of Sessions Judge to transfer cases and appeals
  • 409Withdrawal of cases and appeals by Sessions Judges
  • 410Withdrawal of cases by Judicial Magistrates
  • 411Making over or withdrawal of cases by Executive Magistrates
  • 412Reasons to be recorded
Previous · Section 409Withdrawal of cases and appeals by Sessions JudgesNext · Section 411Making over or withdrawal of cases by Executive Magistrates