45

'THE AZAD JAMMU AND KASHMIR 'THE AZAD JAMMU AND KASHMIR COURTS AND LAWS CODE, 1949 CHAPTER-IV SUBORDINATE CRIMINAL COURTS. 45. Application of Criminal Procedure Code. (1) Proceedings in all Criminal Cases brought before the High Court in the exercise of. its original, appellate or revisional jurisdiction or before any other Criminal Court, subject to its superintendence, shall be regulated by the Code of Criminal Procedure: Provided that the Government may direct that for such time and in such cases, as it thinks fit, when it appears from a police report that the offence is one triable exclusively by a Court of Sessions or one, which in the opinion of the Magistrate ought to be tried by such Court, the Magistrate shall notwithstanding anything contained in Chapter XVIII of the aforesaid Code, on perusal of the police report or when the accused appears or is brought before him, make over the case to the Sessions Court having jurisdiction for trial and shall forward the accused, if in custody, and shall send all police reports relating to the case to that Court, and every trial in the Court of Sessions shall be held with the aid of assessors. (2) The Government may also direct that, for such time as it thinks fit, the procedure prescribed for the trial of summons case by Chapter 20 of the said Code shall be adopted by the Courts in all cases, subject, however, in the case of summary trials, to the provisions of sections 263 to 265 of the Code.