CrPC Section 409
Section 409 of the Code of Criminal Procedure (CrPC), 1973:
⚖️ Section 409 CrPC – Withdrawal of cases and appeals by Sessions Judge
📜 Bare Text of Section 409 CrPC:
409. Withdrawal of cases and appeals by Sessions Judge.
(1) A Sessions Judge may withdraw any case or appeal which he has made over to an Additional Sessions Judge or Assistant Sessions Judge.(2) Where a Sessions Judge withdraws a case or appeal from an Additional or Assistant Sessions Judge:
He may try or dispose of such case or appeal himself, or
Make it over to another Additional or Assistant Sessions Judge.
✅ Explanation and Key Points:
🔹 Who has the power?
The Sessions Judge, who is the head of the Sessions Court in a district.
🔹 What kind of cases?
Sessions cases or appeals (typically serious criminal matters like murder, rape, dacoity, etc.) that have already been assigned to:
An Additional Sessions Judge, or
An Assistant Sessions Judge.
🔹 What can the Sessions Judge do under Section 409?
Withdraw any such case or appeal from the subordinate judge.
Either try/dispose it himself or assign it to another subordinate judge.
🔹 Purpose of this section:
To ensure administrative flexibility and fair distribution of work.
Allows the Sessions Judge to correct or manage assignments — for instance, if a judge is transferred, on leave, or to avoid bias or delay.
🧑⚖️ Example Scenario:
Suppose a murder case has been assigned to an Additional Sessions Judge. Due to a conflict of interest or long absence, the Sessions Judge may withdraw the case and either:
Hear it himself, or
Assign it to another Additional Sessions Judge for quicker disposal.
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