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State of Jammu-Kashmir - Section

Section 528 in The Code of Criminal Procedure, 1989 (1933 A. D.)

528. Sessions Judge may withdraw cases from Assistant Sessions Judge.

(1)Any Session Judge may withdraw [any case or appeal] [Substituted by Act XLII of 1956 for 'any case'.] from, or recall [any case or appeal] [Substituted by Act XLII of 1956 for 'any case'.] which he has made over to, any Assistant Sessions Judge subordinate to him.[(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 or appeal under sub-section (1) or sub-section (1-a), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.(1-c) Any Sessions Judge, on an application made to him in this behalf, may, if he is of opinion that it is expedient for the ends of justice, order that any particular case be transferred from one Criminal Court to another Criminal Court in the same sessions division.] [Sub-sections (1-a) and (1-c) of section 528 inserted Act XLII of 1956.]
(2)Chief Judicial Magistrate may withdraw or refer cases. - [The Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'any District Magistrate or Sub-Divisional 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.
(3)Power to authorise District Magistrate to withdraw classes of cases. - [The Government] [In section 4(1)(a), (1) and (p). 7(2), 8, 9, 10, 11, 12, 415(3), 108, 132, 157, 158, 161, 173, 178, 188, 193(2), 196, 196-A, 197, 218, 261, 263, 265, 319, 320(1), 321, 335, 357, 358, 382, 386, 392, 399, 422, 464, 466, 471, 474, 483, 492, 495, 528, 541 and 554 the words 'The Government' substituted for the words 'His Highness' by Act X of 1996.] may authorise the District Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular classes of cases.[(3-a) Where the District Magistrate authorised under sub-section (3) withdraws any case from any Magistrate subordinate to him, he may inquire into or try such case himself or refer it for inquiry or trial to any other Magistrate subordinate to him and competent to inquire into or try the same] [Sub-section (3-a) inserted by Act XL of 1966.].
(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 this section shall record in writing his reasons for making the same.