Law: Criminal Procedure Code (V of 1898)

Section: 17,17(4)

(a)   Criminal Procedure Code (V of 1898)---

----S. 17---High Court (Lahore) Rules and Orders, Vol. IV, Ch. 1, Part-1, General,

Part-G---Position of Additional Sessions Judges---Subordination of Magistrates and Benches to Sessions Judge---Scope---Words "Court of Sessions," "Sessions Judge," "Additional Sessions Judge," and "Assistant Sessions Judge" have been used in Criminal Procedure Code, 1898 with the difference in their meanings---Court presided over by an Additional Sessions Judge is also a Court of Sessions---Powers of an Additional Sessions Judge are similar to those of Sessions Judge---Difference is that Sessions Judge presides over Sessions Court and is the person who can receive cases, appeals, revisions, and all other petitions under law whereas an Additional Sessions Judge cannot receive directly---Additional Sessions Judge can only hear cases entrusted to him by Sessions Judge---Additional Sessions Judge has no power under law to entrust cases to other Courts---Provision of S. 17(4), Cr.P.C. provides for an emergency in which whenever Sessions Judge is unavoidably absent or incapable of acting, he may make provision for disposal of any urgent application by an Additional or Assistant Sessions Judge, or if there be no Additional or Assistant Sessions Judge, by such Judge or Magistrate who has jurisdiction to deal with any such application---Except for such provision of law in Criminal Procedure Code, 1898, no provision makes Additional Sessions Judge subordinate to Sessions Judge.