CrPC Section 410
Section 410 of the Criminal Procedure Code (CrPC), 1973:
📜 Section 410 CrPC – Withdrawal of cases and appeals by Sessions Judge
📝 What does it say?
The Sessions Judge may withdraw any case or appeal which has been made over to an Additional Sessions Judge or Assistant Sessions Judge, and either:
Dispose of it himself, or
Make it over to another Additional or Assistant Sessions Judge.
🔍 Key Points:
Authority to Withdraw:
The Sessions Judge has administrative control over the distribution of cases.
Can reassign cases to balance workload or for other valid reasons (e.g., conflict of interest, efficiency).
Scope:
Applies to both trials and appeals pending before an Additional or Assistant Sessions Judge.
Disposal Options:
Once withdrawn, the Sessions Judge may:
Proceed with the case personally.
Transfer it to another qualified judge under his jurisdiction.
⚖️ Purpose:
To ensure effective case management in Sessions Courts.
Allows the Sessions Judge to correct or optimize allocation of cases based on practical or legal considerations.
✅ Example:
If an Additional Sessions Judge is transferred or is overloaded with cases, the Sessions Judge can withdraw a pending case and assign it to another judge or try it himself.
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