Can a Sessions Judge make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district? Would the Magistrate, in such a case, be deemed to have his jurisdiction to deal with such an application?

Question: Can a Sessions Judge make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district? Would the Magistrate, in such a case, be deemed to have his jurisdiction to deal with such an application? [WB C.J. 2000]

Find the answer to the mains question only on Legal Bites. [Can a Sessions Judge make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district? Would the Magistrate, in such a case, be deemed to have his jurisdiction to deal with such an application?]

Answer

Yes, a Sessions Judge can make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district as provided by Section 10(3) of CrPC.

Section 10 talks about the subordination of Assistant Sessions Judges. Therein section 10 (3), it is provided that the Sessions Judge may also make provision for the disposal of any urgent application, in the 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.

Hence, in view of the above provision, it can be said that a Sessions Judge can make provision for the disposal of any urgent application by the Chief Judicial Magistrate of the district and in such a situation CJM or Magistrate, as the case may be, would be deemed to have jurisdiction to deal with and dispose of such application.

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