Code of Criminal Procedure Act, 1973
9.Court of Session.-
(1)The State Government shall establish a
Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed
by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant
Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High
Court to be also an Additional Sessions Judge of another division, and in such
case he may sit for the disposal of cases at such place or places in the other
division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make
arrangements for the disposal of any urgent application which is, or may be,
made or pending before such Court of Session by an Additional or Assistant
Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a
Chief Judicial Magistrate, in the sessions division; and every such Judge or
Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or
places as the High Court may, by notification, specify; but, if, in any
particular case, the Court of Session is of opinion that it will tend to the
general convenience of the parties and witnesses to hold its sittings at any
other place in the sessions division, it may, with the consent of the
prosecution and the accused, sit at that place for the disposal of the case or
the examination of any witness or witnesses therein.
Explanation.-For the purposes of this Code, "appointment"
does not include the first appointment, posting or promotion of a person by the
Government to any Service, or post in connection with the affairs of the Union or of a State, where
under any law, such appointment, posting or promotion is required to be made by
Government.