(7) Nothing in this section shall be deemed to affect any order made under section 197.
[(8) Adjournment on application under this section. In any inquiry under Chapter VIII or any trial,
the fact that any party intimates to the Court at any stage that he intends to make an application under this
section shall not require the Court to adjourn the case; but the Court shall not pronounce its final judgment
or order until the application has been finally disposed of by the High Court and, if the application is
accepted by the High Court, the proceedings taken by the Court subsequent to the intimation made to it
shall, at the option of the accused, be held afresh.]
1
1[(9) Notwithstanding anything hereinbefore contained, a Judge presiding in a Court of Session shall not
be required to adjourn a trial under subsection (8) if he is of opinion that the person notifying his intention
of making an application under this section has had a reasonable opportunity of making such as application
and has failed without sufficient cause to take advantage of it.
[Explanation.—Nothing contained in subsection (8) or subsection (9) restricts the powers of a Court
under section 344.
2
(10) If, before the argument (if any), for the admission of an appeal begins, or, in the case of an appeal
admitted, before the argument for the appellant begins, any party interested intimates to the Court that he
intends to make an application under this section, the Court shall, upon such party executing, if so required,
a bond without sureties of an amount not exceeding 3[five hundred rupees] that he will make such
application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will
afford sufficient time for application to be made and an order to be obtained thereon.]
4
[526A. [High Court to transfer for trial to itself in certain cases. Omitted by Code of Criminal
Procedure (Amdt.) Ordinance, 1969 (20 of 1969), S. 2 (w.e.f. 2971969).
527. Power of Provincial Government to transfer cases and appeals._(1) The 5[Provincial
Government] may, by notification in the 6[Official Gazette], direct the transfer of any particular 7* case or
appeal from one High Court to another High Court, or from any Criminal Court subordinate to one High
Court, to any other Criminal Court of equal or superior jurisdiction subordinate to another High Court,
whenever it appears to 8[it] that such transfer will promote the ends of justice, or tend to the general
convenience of parties or witnesses :
[Provided that no case or appeal shall be transferred to a High Court or other Court in another
Province without the consent of the Provincial Government of that Province.]
9
(2) The Court to which such case or appeal is transferred shall deal with the same as if it had been
originally instituted in, or presented to, such Court.
1 Subs. ibid., for subsections (8) and (9) which were previously amended by Act 21 of 1932 s.2 and 18 of 1923, s.145 for the original subsection.
2 Explanation and subsection (10) ins. by the Code of Criminal Procedure (Amdt.) Act, 1932 (21 of 1932), s.2.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. For “two hundred rupees.”
4 This section has previously been amended by various enactments.
5 Subs. by A.O., 1937, for “G.G, in C”.
6 Subs. ibid., for “Gazette of India”.
7 The word “criminal” rep. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 146.
8 Subs. by A.O., 1937, for “him”.
9 Proviso ins., ibid.
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