CrPC · Code of Criminal Procedure, 1973

Section 409 CrPC

Withdrawal of cases and appeals by Sessions Judges

Procedure & effect

A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, as Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
Where a Sessions Judge withdraws or recalls a case or appeal under Sub-Section(1) or Sub-Section (2) 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.

FAQ — Section 409 CrPC

Section 409 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Withdrawal of cases and appeals by Sessions Judges”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, as Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. Where a Sessions Judge withdraws or recalls a case or appeal under Sub-Section(1

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.