PART II

The High Court can appoint in every Metropolitan Area a Magistrate and he be called Chief Metropolitan Magistrate of such Metro Area. Any Metropolitan Magistrate shall be appointed as Additional Chief Metropolitan Magistrate and he has all the powers of the CMM under the law.

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 appoint him as Special Metropolitan Magistrate, for disposal of particular case or class of cases in any Metropolitan Area within its local jurisdiction.

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

The Special Metropolitan Magistrate thus appointed shall also exercise powers outside of a Metropolitan Area equivalent to the First Class Judicial Magistrate.  

The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate is subordinate to the Sessions Judge and every other Metropolitan Magistrate are in the general control of the Sessions Judge but they are subordinate to the Chief Metropolitan Magistrate. The High Court may define the extent of subordination, if any, of the ACMM to the CMM. The CMM 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 Government may appoint in every District a District Magistrate and in every Metropolitan Area as many Executive Magistrates at it requires.

Any Executive Magistrate even appointed as Additional Executive Magistrate in accordance to this Code or by any other law in force or under the direction of the State.

 When any District Magistrate seat is becoming vacant and any Officer succeeds temporarily to executive administration of the District, such Officer pending the Orders of the State Government shall exercise all the duties of the District Magistrate.

The State may also place an Executive Magistrate Incharge of a sub-division and may relieve him the charge as circumstances requires and such Magistrate is called Sub Divisional Magistrate.

Even otherwise, if the State requires it may pass General or Special Order directing the District Magistrate to perform all the functional responsibilities of the Sub Divisional Magistrate.

The State can also if requires invest on the Commissioner of Police all or any of the Executive Magistrate powers.  

The State Government, if think fit, may appoint Special Executive Magistrate for designated areas to discharge certain identified tasks and he shall be conferred with all the powers of the Executive Magistrate given in this Code.

Under the control of the State, the District Magistrate may from time to time define limit of the local area within which the Executive Magistrate would exercise all or any powers he is empowered with under this Code. Otherwise, the Jurisdiction and powers of every such Magistrate extends throughout the District.

All Executive Magistrates, except Additional District Magistrate, are subordinates to the District Magistrate. And every Executive Magistrates, except the Sub Divisional Magistrate, are subordinates to the Sub Divisional Magistrate, however, all are under the general control of District Magistrate.

The District Magistrate may make rules and give special orders in accordance with this Code with regard to assigning works among the Executive Magistrates subordinate to him and also the allocation of works to the Additional District Magistrate.   

The Central or the State Government in consultation with the High Court of that State appoint a Public Prosecutor and one or more Additional Public Prosecutors to conduct prosecution, appeal or other proceedings on behalf of respective Governments as the case may be.

The Central Government to conduct a case or class of cases in any District or in any local area may appoint Public Prosecutors.

Similarly the State Government shall appoint a Public Prosecutor and one or more Additional Public Prosecutors in the District.

The Public Prosecutor and Additional Public Prosecutor appointed for one District may also be appointed of another District, as the case may be.

The District Magistrate in consultation with the Sessions Judge prepare a list of names who according to him fit to be appointed as Public Prosecutors or Additional Public Prosecutors.

No person shall be appointed as a Public Prosecutor or Additional Public Prosecutor by the State whose name does not appear in the list of names prepared by the District Magistrate.

Otherwise, the State has absolute powers to appoint Public Prosecutor and Additional Public Prosecutor from the regular Cadre of Prosecuting Officers. Whereas, no fit person is available from such Cadre, it may then appoint those persons as PP and APP from the list prepared by the District Magistrate.

Regular Cadre of Prosecuting Officers means and includes the promotion offered to Assistant Public Prosecutors to the office of Public Prosecutors and Additional Public Prosecutors.

Only an Advocate of 7 years or more be appointed as Public Prosecutor or Additional Public Prosecutor.

The Central or the State Government can appoint for the purpose of handling a case or class of cases to a person who has a practicing experience as an Advocate not less than 10 years as Special Public Prosecutor. Even otherwise, the Special Public Prosecutors are allowed to represent the victim to assist in Prosecution.  

The period during which a person is said to be in practice as a Pleader and who has served as PP, APP or Assistant PP or other Prosecuting Officer by whatever name shall be deemed to be the period during which such person has been practice as an Advocate.

The State Government may appoint in every District one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

Similarly, the Central Government may appoint Assistant Public Prosecutors to conduct a case or class of cases in the Courts of Magistrates.

If no Assistant Public Prosecutor is available for any particular case, the District Magistrate may appoint any other person to be Assistant Public Prosecutor Incharge of that case.

No Police Officer shall be appointed as Assistant Public Prosecutor. In case such offer is considered in his favour it must be seen that he has not taken any part in the investigation into the offence with respect to such case where the Accused is prosecuted and if he below the rank of Inspector.

The Directorate of Prosecution shall be appointed by the State with as many Deputy Directors of Prosecution as it thinks fit.

The State may in concurrence with the Chief Justice of the High Court appoint a Director of Prosecution and Deputy Director of Prosecution and who shall be an Advocate of not less than 10 years of practising experience.

The Head of the Directorate of Prosecution shall be the Director of Prosecution and who shall function under the administration of the Head of the Home Department of the State. Every Deputy Director is subordinate to the Director of Prosecution.

Every PP, APP and SPP who were appointed to conduct cases in the High Court are subordinates to the Director of Prosecution.

Every PP, APP, SPP and Assistant PP who were appointed to conduct cases in the District Courts are subordinates to the Deputy Director of Prosecution.

The powers and functions of the Director of Prosecution and Deputy Directors of Prosecution and the designated areas for which each of the Deputy Directors of Prosecution have been appointed be notified by the State Government.

These provisions do not apply to the Advocate General of the State while he performing the function of a Public Prosecutor. Concluded.