1995 CRI. L. J. 3376 ::(1995) 99 Cal WN 859 ::1995 CalCriLR 168

Calcutta High Court

Hon'ble Judge(s): G. R. Bhattacharjee , J

(A) Criminal P.C. (2 of 1974) , S.410, S.15— Withdrawal of cases by judicial Magistrates - Additional Chief Judicial Magistrate - Is subordinate of Chief Judicial Magistrate - Hence, Chief Judicial Magistrate competent to withdraw and transfer a case pending in file of Addl. Chief Judicial Magistrate. In the case of Additional Chief Judicial Magistrate the Code not only did not exclude the Chief Judicial Magistrate either expressly or by implication from subordination to the Chief Judicial Magistrate but also clearly made him subordinate to the Chief Judicial Magistrate in Section 15(1) by expressly providing that the Chief Judicial Magistrate shall be subordinate to the Sessions Judge and every other Judicial Magistrate (which obviously includes an Additional Chief Judicial Magistrate also) shall be subordinate to the Chief Judicial Magistrate. Therefore, the inevitable conclusion is that the Additional Chief Judicial Magistrate is subordinate to the Chief Judicial Magistrate for the purposes of the Code. That being as the Chief Judicial Magistrate is empowered to exercise his power of withdrawal and transfer under Section 410, Cr. P.C. even in respect of a case pending in the file of the Additional Chief Judicial Magistrate.(Para 6) (B) Criminal P.C. (2 of 1974) , S.410— Withdrawa....