Introduction
Section 12 of CrPC deals with the appointment of the Chief Judicial Magistrate (CJM) and Additional Chief Judicial Magistrates (ACJMs) in districts that are not metropolitan areas.
The CJM is the senior-most Judicial Magistrate in a district. The ACJMs are appointed to assist the CJM in discharging his or her duties.
The High Court appoints the CJM and ACJMs. The High Court can also designate any Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate (SDJM). The SDJM has the same powers as the CJM, subject to the general control of the CJM.
The CJM has a number of important powers, including:
- To supervise and control the work of all Judicial Magistrates in the district.
- To appoint Special Judicial Magistrates to handle particular cases or classes of cases.
- To grant bail to persons accused of serious offences.
- To conduct inquiries and trials of certain offences.
- To pass orders on appeals from the orders of Judicial Magistrates.
The ACJMs have the same powers as the CJM, but their powers are exercised under the general control of the CJM.
The appointment of the CJM and ACJMs is an important step in ensuring that the criminal justice system in a district functions effectively. The CJM and ACJMs have the necessary experience and expertise to supervise and control the work of Judicial Magistrates and to ensure that cases are handled fairly and efficiently.
Here are some examples of how the CJM and ACJMs can play a role in improving the criminal justice system:
- The CJM can use his or her powers to supervise and control the work of Judicial Magistrates to ensure that cases are being handled promptly and fairly.
- The CJM can appoint Special Judicial Magistrates to handle complex or sensitive cases, such as cases involving economic offences or cybercrime.
- The CJM can grant bail to persons accused of serious offences, such as murder or rape, where there are exceptional circumstances.
- The CJM can conduct inquiries and trials of certain offences, such as cases involving contempt of court or breach of peace.
- The CJM can pass orders on appeals from the orders of Judicial Magistrates.
The CJM and ACJMs play a vital role in ensuring that the criminal justice system in a district functions effectively and that justice is served.
Here are some case laws on the appointment, powers, and functions of the Chief Judicial Magistrate (CJM) and Additional Chief Judicial Magistrates (ACJMs) under Section 12 of CrPC:
State of West Bengal v. S.K. Basu (1997) 1 SCC 416:
The Supreme Court held that the High Court has the power to appoint CJMs and ACJMs to exercise the powers of a Judicial Magistrate of the first or second class in respect of particular cases or to particular classes of cases. The High Court can also delegate its powers to the CJM and ACJMs to make orders on bail applications, conduct inquiries and trials, and pass orders on appeals from the orders of Judicial Magistrates.
Supreme Court Legal Aid Committee Representing Under trial Prisoners v. Union of India (1994) 5 SCC 731:
The Supreme Court held that the CJM and ACJMs are the highest judicial officers in the district and have the power to supervise and control the work of all Judicial Magistrates in the district. The CJM and ACJMs can also exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside their local jurisdiction.
P.R. Muthu v. State (1992) 1 Crimes 1038:
The Madras High Court held that the CJM has the power to appoint Special Judicial Magistrates to handle particular cases or classes of cases. The CJM can also transfer cases from one Judicial Magistrate to another.
Suryakant Ramdas v. State of Maharashtra (1990) 1 MhLJ 124:
The Bombay High Court held that the CJM and ACJMs are not subordinate to the regular hierarchy of judicial officers. They are appointed by the High Court and can be removed by the High Court at any time.
State of Haryana v. Chanderbhan (2005) 6 SCC 109:
The Supreme Court held that the CJM and ACJMs should not be burdened with the day-to-day work of the district judiciary. The CJM and ACJMs should focus on supervising and controlling the work of Judicial Magistrates and on handling important and sensitive cases.
Ajay Kumar Jain v. State of U.P. (2007) 4 SCC 482:
The Supreme Court held that the High Court should appoint experienced and qualified persons as CJMs and ACJMs. The High Court should also ensure that the CJM and ACJMs have the necessary infrastructure and resources to carry out their duties effectively.
These cases illustrate the importance of the CJM and ACJMs in the Indian criminal justice system. The CJM and ACJMs have a number of important powers and functions, and they play a vital role in ensuring that the criminal justice system functions effectively and that justice is served.