12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-Divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
STATE AMENDMENTS :
NAGALAND. - In sub-sections (1), (2) and (3) the words "High Court" shall be substituted by the words "State Government" wherever it occurs. [Vide Notification No. Law 170/74 Leg., dated 3.7.1975].
UTTAR PRADESH. - After sub-section (3) of Section 12 insert the following sub-section -
"(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrates and other Judicial Magistrates present at the place, and in their absence, the District Magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate." [U.P, Act No. 1 of 1984, S. 3, w.e.f. 1-5-1984].
COMMENTS