Section 17 - 19 : The Code of Criminal Procedure, 1973

Section 17 - 19 : The Code of Criminal Procedure, 1973


17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

(1) The High Court, shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

18. Special Metropolitan Magistrate

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction :

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.
STATE AMENDMENTS :
ANDHRA PRADESH. - In sub-section (2) of Section 18 for the words "not exceeding one year at a time" the words "not exceeding two years at a time", shall be substituted.
In sub-section (2) of section 18 following proviso shall be added, -
"Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1922, and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment." [A.P. Act No. 2 of 1992, S. 2].
MAHARASHTRA. - In sub-section (1) of Section 18 of the Code for the words "in any Metropolitan area" the words "in one or more Metropolitan areas" shall be substituted. [Maharashtra Act No. 23 of 1976, S. 3 w.e.f. 9-6-1976]

19. Subordination of Metropolitan Magistrates

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

(2) The High Court for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

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Geek Upd8 - Law Reporter: Section 17 - 19 : The Code of Criminal Procedure, 1973
Section 17 - 19 : The Code of Criminal Procedure, 1973
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