In every State, under Code of Criminal Procedure, the High Court is the highest Court of that State and all other Criminal Courts functioning in the State are under High Court’s supervision. Whereas the Sessions Courts, District Courts, Chief Judicial Magistrate Courts, Chief Metropolitan Magistrate Courts, Magistrate Courts of First and Second Class and Executive Magistrate Courts are other Criminal Courts identified under Cr.P.C.

It is pertinent to mention here that the District Court and Sessions Court have the same status with regard to judicial powers and other things as per Cr.P.C. Similarly, Chief Metropolitan Magistrate and Chief Judicial Magistrate Courts are also acknowledged by the Cr.P.C. with regard to their judicial powers and such similar things.

In Criminal Law, the territory of the State is demarcated as Sessions Divisions. Each Session Division is a District.

One Sessions Division comprises with the Chief Judicial Magistrate Court and subordinate Magistrate Courts [if it is rural] or the Sessions Division is comprising with Chief Metropolitan Magistrate and Subordinate Magistrate Courts [if it is City].   

Any alteration; be it sub-division of the existing Sessions Divisions or Districts or formation of a new District, merging of Courts or creation of new Court, the State requires to consult with the High Court of its State before it does anything.

The State may declare by notification that a City or a Town where population exceeds 10 lakh and that area shall be called a Metropolitan Area under this Code. While from the date of commencement of the Code, Bombay, Madras, Calcutta and Ahmedabad were declared as Metropolitan Area.

The State Government by notification extend or reduce the limit of the Metropolitan Area but it shall not reduce the population of area less than 10 lakh.

Even, otherwise, population of the Metro Area has gone below 10 lakh, even the State Government by notification ceased to have called it a Metro from such date, howsoever, the trial, inquiry or appeal powers of the Courts shall not be ceased.

Even if the State does any alteration of the extent of the Metro area, the powers of the Criminal Courts can never be reduced.

The State shall establish a Court of Session in every Sessions Division and it shall be presided by a Judge appointed by the High Court. Additional and Assistant Sessions Judges are also appointed therein by the High Court. The Sessions Judge of one Division can also be appointed as an Additional Sessions Judge of another Division, if appointed, the appointed Judge will sit at the place of his appointment and dispose the cases as instructed by the High Court. When the Sessions Judge seat is vacant the High Court in order to dispose of the urgent petition be it fresh application or pending, it can either direct the Additional or Assistant Sessions Judge to attend such case, in their non-availability, the High Court can then direct the Chief Judicial Magistrate who have Jurisdiction in the Sessions Division to deal with such case. The place of functioning of Court of Sessions generally announced by the High Court by notification, provided the Sessions Court for the sake of convenience of party and the witnesses with the consent of Prosecution and the Accused sit in the place it decides and dispose of the case or the examination of any witness or witnesses.    

Note: Appointment herein mentioned in this provision with respect to High Court does not mean the original appointment, which generally appoints by the State.  

Under the Criminal Law, all the Assistant Sessions Judges are subordinate to the Sessions Judge in whose Court they exercise Jurisdiction. The Sessions Judge has the powers to make rules and its implementation in the Courts down the line and he is the master of roster who has powers to allot cases to his subordinate Assistant Sessions Judges. The Sessions Judge, to dispose of any urgent Petition, either in his absence or his immediate subordinate Additional or Assistant Sessions Judge, can direct the Chief Judicial Magistrate, or any other Judge or Magistrate who have Jurisdiction to handle it.   

In Criminal Law, a Sessions Division is comprised with many Judicial Magistrate Courts and amongst them there are First Class and Second Class Judicial Magistrate were appointed in those Courts by the State Government in consultation with the High Court. The same is notified in a Notification issued in this regard by the State.

The State in consultation with the High Court may have formed one or more Special Courts in any local area to handle some specific set of cases. It can also appoint a Judicial Magistrate of First Class or Second Class in such Courts. Otherwise, no Magistrate Courts functioning in the local area of these Special Courts have no Jurisdiction to try such cases. The Presiding Officers of these Special Courts are appointed by the High Court.

Whereas, the High Court, if requires, can appoint a Judge of a Civil Court [a member of the Judicial Services of the State] of the Special Court and confer him with the powers of the Judicial Magistrate of First Class or Second Class.

In a District, where population is less than 10 lakh, a Judicial Magistrate of the First Class is appointed by the High Court as Chief Judicial Magistrate [CJM]. Similarly, the First Class Magistrate is appointed as Additional Chief Judicial Magistrate [A-CJM] and he shall all the powers of the CJM. While the Judicial Magistrate of the First Class shall also be appointed by the High Court as Sub Divisional Judicial Magistrate and assign him with certain powers. Otherwise, the CJM in it, is the master of roster, controlling and supervisory functionary of all the subordinate Courts under him. However, the exception is A-CJM. 

The High Court, if any request made by the Central or the State Government, confer upon a person, who holds or has been in the service of the Government with all or limited powers of a First Class or Second Class Magistrate, appoint him as Special Judicial Magistrate, for disposal of particular case or class of cases in any determined local area [not Metro].

No such person would be appointed for such post if he does not possess qualification and law experience. The High Court shall notify rules on such Appointment.

Such Magistrates be called Special Judicial Magistrates and their employment period shall not exceed 1 year. A notification be issued on such appointment by the High Court.

The Special Judicial Magistrate thus appointed shall also exercise powers of a Metropolitan Magistrate in any assigned Metro Area.

Under the control of High Court, the Chief Judicial Magistrate may define limits of the local areas, in which, the Magistrates appointed under Section 11 and 13 of Cr.P.C. could exercise the powers they invested with. The Special Judicial Magistrate is exempted from this.

If not restricted, the powers and Jurisdiction of every such Magistrate extends throughout the District.

The local Jurisdiction of the Magistrate appointed under Sections 11 or 13 or 18 extends beyond the District or the Metro Area in which he holds the Court ordinarily has reference to the Court of Sessions, CJM, CMM, he may be termed exercising Jurisdiction in relation to the said District or Metropolitan area.

The Chief Judicial Magistrate is subordinate to the Sessions Judge and every other Judicial Magistrate howsoever in the general control of the Sessions Judge but they are subordinate to the Chief Judicial Magistrate. The CJM has not only control over distribution of work to his subordinates but also has powers to make rules, give special orders in tandem with Cr.P.C. and supervisory powers. 

The State in consultation with the High Court may form as many Courts as requires in every Metropolitan Area with Magistrate as Presiding Officer. They are appointed by the High Court and their powers are extended in the entire designated Metropolitan Area. To be concluded in Part II.