CHAPTER XXXII
OF REFERENCE AND REVISION
432 and 433. [Reference by Presidency Magistrate to High Court. Disposal of case according to
decision of High Court and direction as to costs.] Omitted by A.O.,1949, Schedule.
434. [Power to reserve questions arising in original jurisdiction of High Court and procedure when
question reserved.] Omitted by Criminal Procedure Amendment Act, 1943 (XXVI of 1943), s. 6.
435. Power to call for records of inferior Courts.(1) The High Court or any Sessions Judge or District
Magistrate, or any Subdivisional Magistrate empowered by the 1[Provincial Government] in this behalf, 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 2[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.
3[Explanation: All Magistrates, shall be deemed to be inferior to the Sessions Judge for the purposes of
this subsection.]
(2) 3* * *
(3) 4* * * * * * *
(4) 3* * *
3[436. Power to order further inquiry. On examining any record under section 435 or otherwise
(a) the High Court may direct the Sessions Judge to require an judicial Magistrate subordinate to
him to make, and the Sessions Judge himself may direct 5[any] Magistrate subordinate to him to
make, further inquiry into any complaint which has been dismissed under section 203 or sub
section (3) of section 204, or into the case of any person accused of an offence who has been
discharged;
(b) the High Court or the Sessions Judge may direct 5[any Magistrate] to make further inquiry into
any proceeding in which an order of discharge or release has been made under section 119:
Provided that no Court shall make any direction under this section for enquiry into the case of a person
who has been released or discharged under section 119, unless such person has had an oppurtunity of
showing cause why such direction should not be made.]
1 Subs. by A.O., 1937, for “L.G.”.
2 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), S.116.
3 Omitted and subs. by Ord. 12 of 1972 , S.2 and Sch.
4 Subsection (3) rep. ibid.
5 Subs. by Ord. 37 of 2001, S.66 (w.e.f 14082001).
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