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Central Act · India · CHAPTER XXXIII — Transfer of Criminal Cases

Section 449 BNSS Withdrawal of cases and appeals by Sessions Judges

Bharatiya Nagarik Suraksha Sanhita, 2023 · Edition: User-supplied Law Library BNSS page, attributed to India Code as on 6 October 2025; imported 6 November 2026

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

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Judgments on Section 449

LOK 2026 (10) SC 85 · Supreme Court of India

Ramkrushna Prahllad Dongardive v. State of Maharashtra

Equivalent citations: 2026 INSC 1099

ActsBharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Penal Code 1860 - Section 409, Code of Criminal Procedure, 1973 - Section 100

Appellant, a Cashier-cum-Counter Clerk with Telephone Department, Aurangabad, was acquitted by the Trial Court of the charge under Section 409 IPC on the ground that the prosecution failed to prove exact amounts collected or credited, key registers were not produced, and search/seizure procedures were non-compliant.…