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Which of the following has the power to withdraw a case under Section 409 of the Criminal Procedure Code, 1973?
Question

Which of the following has the power to withdraw a case under Section 409 of the Criminal Procedure Code, 1973?

A.

High Court

B.

Supreme Court

C.

Judicial Magistrate

D.

Session Judge

Correct option is D

Session Judge has the power to withdraw a case under Section 409 of the Criminal Procedure Code, 1973. This Section grants the Sessions Judge the authority to withdraw any case or appeal from any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him and either try the case himself or refer it to another subordinate court.
Information Booster:
1. Section 409: Empowers the Sessions Judge to withdraw and transfer cases within their jurisdiction.
2. Sessions Judge: Has the authority to ensure proper administration of justice by reassigning cases to appropriate courts.
3. Case Management: Helps in managing the caseload and ensuring that cases are handled efficiently.
4. Judicial Hierarchy: Reflects the hierarchical structure of the judiciary, where higher courts have supervisory powers over subordinate courts.
5. Administrative Control: Ensures that complex or significant cases can be handled by more experienced judges if necessary.
6. Fair Trial: Aims to maintain the integrity of the judicial process by allowing for the redistribution of cases as needed.
Additional Information:
· High Court (a): Has supervisory and appellate jurisdiction but does not typically withdraw cases under Section 409.
· Supreme Court (b): Primarily handles constitutional matters and appeals from High Courts, not withdrawals under Section 409.
· Judicial Magistrate (c): Subordinate to the Sessions Judge and does not have the authority to withdraw cases under Section 409.

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