THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
528. Sessions
Judge may withdraw cases from Assistant Sessions Judge. (1) Any Sessions Judge may
withdraw any case from, or recall any case which he has made over to, any
Assistant Sessions Judge subordinate to him.
[1][(1-A) At any time
before the trial of the case or the hearing of the appeal has commenced before
the Additional Sessions Judge, any Sessions Judge may recall any case or appeal
which he has made over to any Additional Sessions Judge.
(1-B) Where a Sessions Judge withdraws or
recalls a case under sub-section (1) or recalls a case or appeal under
sub-section (1A), he may either try the case in his own Court or hear the
appeal himself, or make it over in according with the provisions of this Code
to another Court for trial or hearing, as the case may be.]
[2][(1-C) Any
Sessions Judge may withdraw any case from, or recall any case which he has made
over to, any Magistrate subordinate to him, and may refer it for inquiry or
trial to any other such Magistrate competent to inquire into or try the same.]
Explanation. [Omitted by Law Reforms Act 1997 (Act No.
XXIII of 1997).]
(2) & (3) [Omitted
by Act, XXI of 1976].
(4) Any
Magistrate may recall any case made over by him under Section 192, sub-section (2),
to any other Magistrate and may inquire into or try such case himself.
(5) A
Magistrate making an order under [3][preceding
sub-section] shall record in writing his reasons for making the same.