When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may re-call any witness who may have been examined.
Section 259: Power of Court to convert summons-cases into warrant-cases
The Code of Criminal Procedure, 1973Central Act · 1973
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Code of Criminal Procedure, 1973 |
|---|---|
| Section | 259 |
| Marginal note | Power of Court to convert summons-cases into warrant-cases |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 6 |
Judgments that turned on this provision
- /10380/2025 of SAURABH MISHRA Vs STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND ANOTHERAllahabad High Court · 2025-12-09
- APPLN/4250/2008 of PRAKASH RAMCHANDRA KULKARNI Vs THE STATE OF MAHARASHTRA AND ANR.Bombay High Court · 2010-03-22
- CR.RA/504/1997 of KANJIBHAI MAHIJIBHAI ROHIT Vs STATE OF GUJARATHigh Court of Gujarat · 1998-04-03
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