Piyush_Kumar

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  • in reply to: Section 10 of the Code of Criminal Procedure, 1973 #3735
    Piyush_Kumar
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    The section 10 of criminal procedure code 1973 prescribes for assistant session judge to exercise the power of court of session but within the power prescribed but the law, but it is not an independent court of session as held by the supreme court in RAHUL SHARMA VS STATE OF RAJASTHAN (1978,Cri LJ 1276 ).
    likewise, If the Sessions Court judge feels that the offence that has been made out against the said accused is not exclusively to be tried in the Sessions Court, then the concerned judge can opt to transfer the case to the Chief Judicial Magistrate (CJM) as per section 228 (1)(a). In case, however, the accused pleads guilty, then the Sessions Court judge can convict him.
    Hence, under section 10 (3) the magistrate have the power to deal with such an application.

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