(2)Where any proceedings are so submitted for review, the Judge reviewing the proceedings may exercise in his discretion any of the powers exercisable under section 439 of the Code of Criminal Procedure, 1989, by the High Court in the case of any proceedings which the said sections 439 refers :Provided that where in the exercise of these powers the Judge reviewing the proceedings directs a retrial of he accused, or directs further evidence to be taken,the reviewing Judge may direct the retrial to be held or the further evidence to be taken by the Special Judge by whom the case was tried in the first instances or by any other Special Judge, or by a Special Judge, to be appointed for the purpose by the Government.
