SUBASH CHANDRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) AN interesting question relating to the ambit of application of Section 167(2 -A) of the Code of Criminal Procedure, 1973 (in short, the 'Code') is the subject -matter of controversy in this application.

(2.) A brief reference to the fact situation which is undisputed is necessary.

(3.) THE provision relating to appointment of Judicial Magistrates and Special Judicial Magistrates have been dealt with in Sections 11, 12, 13 and 20 of the Code. Section 11 provides that in every district, and at such places, as the State Government may, after consultation with the High Court, by notification, specify there shall be established as many Courts of Judicial Magistrates of the first class and of the second class. The presiding officers of such Courts shall be appointed by the High Court, Section 12 deals with Chief Judicial Magistrate and Additional Chief Judicial Magistrate. The appointment of Chief Judicial Magistrate is made by the High Court. The High Court has the power to 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 whenever it appears to it to be expedient or necessary. So far as the appointment of Special Judicial Magistrate is concerned, the High Court may confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferable by or under the Code on a Judicial Magistrate of the second class, in respect of particular cases or to particular classes of cases or two cases generally, in any district not being a metropolitan area, if requested by the State Government or the" Central Government to do so. 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 R.specify. These Magistrates are called Special Judicial Magistrates, and are appointed for such term, not exceeding one year at a time, as may be prescribed by the High Court by general or special order. So far as the Executive Magistrates are concerned, in every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.