10. Subordination of Assistant Sessions Judges
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for disposal of any urgent application, in event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
11. Courts of Judicial Magistrates
(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class and at such places, as the State Government may after consultation with the High Court, by notification, specify :
[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first dass or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established].
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
STATE AMENDMENTS :
ANDAMAN AND NICOBAR ISLANDS, DADRA AND NAGAR HAVELI AND LAKSHADWEEP. - In S. 11 sub-section (3) substitute for the words "any member of the Judicial Service of the State, functioning as a Judge in a Civil Court" the words "any person discharging the functions of a Civil Court". [Regn. 1 of 1974 w.e.f. 30-3-1974].
BIHAR. - After sub-section (3) of Section 11 the following sub- section shall be inserted and shall be deemed always to have been inserted, namely :
"(4) The State Government may likewise establish for any local area one or more Courts of Judicial Magistrate of the first class or second class to try any particular cases or particular classes or categories of cases." [Bihar Act 8 of 1977].
HARYANA. - After sub-section (i) of Section 11 the following sub- section shall be inserted and shall always be deemed to have been inserted, namely :
"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases or to a particular class or classes of cases, or to cases generally in any local area." - [Haryana Act 16 of 1976, S. 2 w.e.f. 24.2.1976].
KERALA. - (1) After sub-section (1) of Section 11 the following shall be inserted -
"(1-A) The State Government may likewise establish as many special courts of Judicial Magistrates of first class in respect to particular cases or to a class or particular class or classes of cases or in regard to cases generally, in any local area." - [Kerala Act No. 21 of 1987]
(2) The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978.
Validation. - Any notification issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid. [Kerala Act 21 of 1987].
PUNJAB. - In Section 11 after sub-section (1), the following sub- section shall always be deemed to have been inserted, namely :
"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular case or particular classes of cases or in regard to cases generally, in any local area." - [Punjab Act 9 of 1978 w.e.f. 14.4.1978].
RAJASTHAN. - After sub-section (1) of Section 11, the following sub- section shall be inserted, namely :
"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular case, or particular classes of cases, or in regard to cases generally, in any local area." [Rajasthan Act 10 of 1977, S. 2, w.e.f. 13.10.1977].
UTTAR PRADESH. - After sub-section (1) of section 11 the following sub-section shall be inserted, and be deemed always to have been inserted, namely :
"(1-A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area." [U.P. Act No. 16 of 1976, S. 3, w.e.f. 30.4.1976]
COMMENTS