Thursday, August 16, 2018

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FIRST CLASS JUDICIAL MAGISTRATE COURTS



First Class Judicial Magistrate courts are the second lowest level of the Criminal Court structure in India. 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 class to try any particular case or particular class of cases (Section 11 of the Criminal Procedure Code, 1973 (CrPc)). The presiding officers of such courts including special courts shall be appointed by the High Court. The High Court may appoint any Judicial Magistrate of the first class to be the Chief Judicial Magistrate of the district. His main function is to guide, supervise and control other judicial magistrates.

The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate and he shall have all or any of the powers of a Chief Judicial Magistrate as the High Court may direct. The High court may appoint any Judicial Magistrate of the first class as the Sub-divisional Magistrate for any sub-division of a district, who shall have the powers of supervision and control over the work of the Judicial Magistrates in the sub-division.

A judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. The First Class Magistrate decide criminal cases, which are punishable with imprisonment for a term not exceeding three years, or with fine not exceeding five thousand rupees or of both.