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CHAPTER XXXVII OF CR.P.C. DECODED

The High Court, under Section 407 of Cr.P.C. should follow the same procedure as that of the Sessions Court observes in a trial of an offence in that case, if it requires to conduct trial. 

Any case pertaining to an armed force personnel if brought before the Magistrate and the Magistrate is of the view that the case should be dealt by Court Martial [as the case may be] specially formed by the Central Government under Army, Navy and Air Force Acts. The Magistrate together with a statement containing the reasons for its transfer and records be forwarded to the local Command Officer in which the Accused armed force personnel is employed.

Magistrate who receives a written request from the Command Officer from any of the three wings; army, navy or air force for the arrest of his personnel the concerned Magistrate is required to act on such request.

The High Court if thinks necessary may forward the prisoner of any jails within its limit before a Court Martial for inquiry or trial or for any other purposes.    

The Forms in the Second Schedule of Constitution conferred under Article 227 may be used as per requirements of each case with such variations as required.

The High Court with prior approvals from the State may make rules;

  1. Appointment of Petition-Writers in the Criminal Courts subordinate to it
  2. Licensing those persons together with rules involving fees and business they could conduct.
  3. While breach of those rules by them, identification of the investigation agency to charge and penalize them
  4. Any other matter as required to be emerged on case based or prescribed

All those rules must be published in the Gazette. 

Subject to Legislative approval and the consent of the High Court, the State Government would treat Executive Magistrate at par with Judicial Magistrate of the First Class with reference to Sections 108, 109, 110, 145 and 147 of Cr.P.C.

The Magistrate or Judge who himself is a party in a case or having interest in such case or the Judge who hears appeal, in which if he is a party or having interest in such appeal, either way, the Magistrate or the Judge should not handle such cases on their own without prior approval of the Appellate Court and or pass any Order or Judgment in such case or appeal.

Points to Remember:-

The Magistrate or Judge should not be considered as an interested party for he being seen the crime as one among the public or accidentally commuted to the place of offence or conducted any inquiry on such incident as a passer-by does. 

The Advocate who practiced in a Court should not sit as a Magistrate in that Court or any Courts within the local jurisdiction of that Court.  

The public servant who is empowered to sell any property shall not acquire or bid for that property.

There is no restriction with regard to limit or inherent powers of the High Court in making necessary orders or giving effect to any order, prevent abuse of process committed by the Courts and secure ends of justice under this provision.

Points to Remember:

The High Court’s power under this Code is unlimited as the Court derives such powers inherently as being the highest judicial forum in the State. Hence the High Court can set aside any order passed by the lower Court or to make modification of its own Order and or such similar things it can do. 

The High Court of the State commands supervisory powers over all the Courts subordinate to it and it can expedite and proper disposal of the cases by the Courts. 

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