Criminal Procedure Code
215
Trials by High Court on a certificate by the Public Prosecutor
418a. (1) Notwithstanding section 417 and subject to section 418b,
the Public Prosecutor may in any particular case triable by a
criminal Court subordinate to the High Court issue a certificate
specifying the High Court in which the proceedings are to be
instituted or transferred and requiring that the accused person be
caused to appear or be produced before such High Court.
(2) The power of the Public Prosecutor under subsection (1)
shall be exercised by him personally.
(3) The certificate of the Public Prosecutor issued under
subsection (1) shall be tendered to the subordinate Court before
which the case is triable whereupon the Court shall transfer the
case to the High Court specified in the certificate and cause the
accused person to appear or be brought before such Court as
soon as may be practicable.
(4) When the accused person appears or is brought before the
High Court in accordance with subsection (3), the High Court
shall fix a date for his trial which shall be held in accordance
with the procedure under Chapter XX.
Cases to which section 418a is applicable
418b. Section 418a shall apply to all cases triable under this Code
by a criminal Court subordinate to the High Court, whether the
proceedings are instituted before or after the coming into force
of that section, provided that the accused person has not pleaded
guilty and no evidence in respect of the case against him has
begun to be adduced.
Chapter XLIII
IRREGULARITIES IN PROCEEDINGS
Proceeding in wrong place, etc.
419. No finding, sentence or order of any criminal Court shall
be set aside merely on the ground that the inquiry, trial or other
proceedings in the course of which it was arrived at, passed
or made, took place in a wrong local area or before a wrong
Magistrate or Court, unless it appears that such error occasioned
a failure of justice.
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