(ii) that any particular 1* case or appeal, or class of 2* cases or appeals, be transferred from a
Criminal Court subordinate to its authority to any other such Criminal Court of equal or
superior jurisdiction;
(iii) that any particular 1* case or appeal be transferred to and tried before itself; or
(iv) that an accused person be 3[sent] for trial to itself or to a Court of Session.
(2) When the High Court withdraws for trial before itself any case from any Court 4* * *, it shall,
* * *observe in such trial the same procedure which that Court would have observed if the case had not
been so withdrawn.
5
(3) The High Court may act either on the report of the Lower Court, or on the application of a party
interested, or on its own initiative.
(4) Every application for the exercise of the power conferred by this section shall be made by motion,
which shall, except when the applicant is the AdvocateGeneral, be supported by affidavit or affirmation.
(5) When an accused person makes an application under this section, the High Court may direct him to
execute a bond, with or without sureties, conditioned that he will, if 6[so ordered] pay 7[any amount which
the High Court 8[may under this Section award by way of Compensation] to the person Opposing the
application.]
(6) Notice to Public Prosecutor of application under this section. Every accused person making any
such application shall give to the Public Prosecutor notice in writing of the application, together with a copy
of grounds on which it is made, and no order shall be made on the merits of the application unless at least
twentyfour hours have elapsed between the giving of such notice and the hearing of the application.
[(6A) Where any application for the exercise of the power conferred by this section is dismissed, the
High Court may if it is of opinion that the application was frivolous or vexatious, order the applicant to pay
by way of 10[compensation] to any person who has opposed the application 11[such sum not exceeding 12[five
hundred rupees] as it may consider proper in the circumstances of the case].]
9
1 The word “criminal” repl. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 145.
2 Thw word “such” rep. ibid.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “committed”.
4 The words “other than the Court of a Presidency Magistrate” omitted by A.O., 1949, Sch.
5 The words figure and comma, “except as provided in section 267,” omitted by Ordinance 12 of 1972, s. 2. and Sch.
6 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 145, for “convicted”.
7 Subs. ibid., for “the costs of the Prosecutor”.
8 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1932 (21 of 1932), s.2 for “has power under this section to award by way of costs”.
9 Subsection (6A) ins. by Act 18 of 1923, s. 145.
10 Subs. by Act 21 of 1932, s.2 for “costs”.
11 Subs. ibid., for “any expenses reasonably incurred by such person in consequence of the application”.
12 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. For “two hundred and fifty rupees”.
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