Section 214

Sessions Courts often have too many cases for one judge to handle, so Additional Sessions Judges are appointed to share the load. This provision, carried forward from Section 194 of the earlier Code of Criminal Procedure, 1973, ensures there is a clear chain of authority: the Sessions Judge (or in special situations, the High Court) decides which cases go to which Additional Sessions Judge. This prevents confusion, forum-shopping, or a judge hearing a case without proper authorization.

Courts have consistently held that an Additional Sessions Judge's authority to try a case flows entirely from a valid order of allocation—either a general order (like a standing roster) or a special order (assigning one particular case) from the Sessions Judge, or a direct order from the High Court. If no such order exists, the trial can be challenged as being without jurisdiction. Courts have also clarified that a general order (such as an administrative roster distributing cases by type or number) is sufficient; a fresh special order for each case is not required.

• Myth: An Additional Sessions Judge can take up any criminal case he wants to hear.
  Fact: He can only try cases that are officially assigned to him by the Sessions Judge (through a general or special order) or directed by the High Court.
• Myth: Every single case needs a separate, specific order for the Additional Sessions Judge to try it.
  Fact: A general order—like a standing roster dividing cases by type or number—is enough; a fresh special order is not required for each case.