Section 10 of the Code of Criminal Procedure, 1973

Forums The Code of Criminal Procedure, 1973 Section 10 of the Code of Criminal Procedure, 1973

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  • #3696
    Chandni_Sethia
    Participant

    Q. 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?

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    • #3697
      Chandni_Sethia
      Participant

      Section 10 of the Code of Criminal Procedure, 1973, talks about Subordination of Assistant Sessions Judges:
      1) All Assistant Sessions Judges shall be subordinate to the Sessions’ Judge in whose Court they exercise jurisdiction.
      2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
      3) 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.
      Section 10 Subsection of the Code of Criminal Procedure, 1973 lays down that All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. The use of the phrase in the subsection ‘SHALL’ indicates the obligation.
      Section 10 (2) of the Code of Criminal Procedure, 1973 lays down that the Session Judge is authorized to make rules from time to time but the condition is that such rules must be consistent with this. code. He is also authorized to distribute business among such Assistant Sessions Judges. The use of the phrase in the subsection “MAY” indicates the discretion of the Session Judge.
      Section 10 (2) of the Code of Criminal Procedure, 1973 lays down 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. The use of the phrase in the subsection ‘MAY’ indicates the discretion of the Session Judge.

    • #3735
      Piyush_Kumar
      Participant

      The section 10 of criminal procedure code 1973 prescribes for assistant session judge to exercise the power of court of session but within the power prescribed but the law, but it is not an independent court of session as held by the supreme court in RAHUL SHARMA VS STATE OF RAJASTHAN (1978,Cri LJ 1276 ).
      likewise, If the Sessions Court judge feels that the offence that has been made out against the said accused is not exclusively to be tried in the Sessions Court, then the concerned judge can opt to transfer the case to the Chief Judicial Magistrate (CJM) as per section 228 (1)(a). In case, however, the accused pleads guilty, then the Sessions Court judge can convict him.
      Hence, under section 10 (3) the magistrate have the power to deal with such an application.

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