Revision and Reference

435. Power to call for records of inferior Courts. (1) The High Court or any Sessions Judge [....], 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 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 examination of the record.
[Explanation. All Magistrates, shall be deemed to be inferior to the Session Judge for the purposes of this
sub-section.]
(2) If any Sub-divisional Magistrate acting under sub-section (1) considers that any such finding, sentence
or order is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with
such remarks thereon as he thinks fit, to the District Magistrate.
(3) [* * * * *]
(4) If an application under this section has been made either to the Sessions Judge or District Magistrate,
no further application shall be entertained by the other of them.
[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 a District Magistrate subordinate to him to
make, and the Sessions Judge himself may direct any Judicial 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 [.-}.
(b) The High Court or the Sessions Judge may direct the District Magistrate by himself or by any of the
Executive Magistrates subordinate to him to make further inquiry into any proceeding in which order of
discharge or release has been made under section 119.]
Proviso.- [Proviso omitted by Act XXI of 1976]
437. [Omitted by Act XXI of 1976.]
[438. Report to High Court. (1) The [....] District Magistrate may, if he thinks fit, on examining under
section 435 or otherwise the record of any proceeding, report for the orders of the High Court the result of
such examination, and, when such report contains a recommendation that a sentence be reversed or altered,
may order that the execution of such sentence be suspended, and, if the accused is in confinement, that he
be released on bail or on his own bond.
(2) An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under
this Chapter in respect of any case which may be transferred to him by or under any general or special
order of the Session Judge.

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