Code of Criminal Procedure, 1898 — Section 435: Power to call for records of inferior Courts

435. Power to call for records of inferior Courts.__ (1) The High Court or any Sessions 1 [Explanation.__ All Magistrates, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section.] 1

(2)[* * * * * * *] 2

(3)[* * * * * * *] 1

(4)[* * * * * * *] 1 [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 3[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 4 [***]

(b)the High Court or the Sessions Judge may direct 3[any Magistrate] to make further inquiry into any proceeding in which an order of discharge or release has been made under section 119: 4 [* * * * * * * *]] 5 [437. Power to order commitment]. Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch. 1 [(4) Nothing in this section shall be deemed to authorise a High Court

(a)to convert a finding of acquittal into one of conviction; or

(b)to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A.]

(5)Where under this Code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed. 2 [(6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction.]