Section 435Power to call for records of inferior Courts

s. 435

435. Power to call for records of inferior Courts (1) The High Court Division or any Sessions Judge, [***] may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation-All Magistrates, [whether Executive or Judicial,] shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section [* * *]. [***] (3) [Repealed by section 116 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923).] [***]

1. 477. Sub-section (2) was omitted by section 83(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
2. 475. The words and comma “Chief Metropolitan Magistrate or District Magistrate, or any Sub-divisional Magistrate empowered by Government in this behalf” were omitted by section 83(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
3. 476. The words "to the Chief Metropolitan Magistrate or" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
4. 478. Sub-section (4) was omitted by section 83(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).