Administration of justice is the most important function of the state. Section — Special Executive Magistrates The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit. Cases may also arise where the al1egations in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged; in such cases no question of appreciating evidence arises; it is a matter merely of looking at the complaint or the First Information Report to decide whether the offence alleged is disclosed or not. Registration Act Bare Act 11. The matter is however, no longer res integra as the entire controversy has been set at rest by a decision of the Apex Court in Madhu Limaye vs.
A particular District Court shall be controlled by the High Court of the State of which the district is a part. All the criminal courts are having such an auxiliary power subject to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else. Also, there is constitution of Lok Adalats. Under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area. So, frequent taking of time by the lawyers must be stopped. It has also been recognised that judicial pronouncements must be judicial in nature and should normally not depart from sobriety, moderation and reserve.
Where the allegations in the first Information Report and other materials, if any, accompanying the F. Where criminal proceedings are initiated based on illicit material collected on search and arrest which are per se illegal and vitiate not only a conviction and sentence based on such material but also the trial itself, the proceedings cannot be allowed to go on as it cannot but amount to abuse of the process of the court; in such a case not quashing the proceedings would perpetuate abuse of the process of the court resulting in great hardship and injustice to the accused. In the case of Raj Kapoor vs. Some of these cases are: Prashant Bharti v. There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice. . Users are suggested to refer to the relevant provisions of applicable Laws.
Courts must be careful to see that its decision in exercise of this power is based on sound principles. Further inquiry entails supplemental inquiry upon fresh evidence. Every police officer appointed to the police force, other than Inspector General of Police and District Superintendent of Police, receives a certificate in the prescribed form by virtue of which he is vested with the powers, functions and privileges of a police officer. I assume no responsibility therefore. There are many instances that poor people who went to court to address their grievances after selling off their lands and property to meet the expenses of the court, but did not get justice in their lifetime.
The Sessions Judge is the highest judicial authority in a District. There is a huge backlog of cases in each of the district courts in Bangladesh. Besides, as per Article 22 of this constitution the judiciary is separated from executive organ, which has already been executed from 1st Nov, 2007. The High Court, under section 482, does not conduct a trial or appreciate evidence. The section was added by the Code of Criminal Procedure Amendment Act of 1923. The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.
In such cases it becomes very important for the High Courts to quash such complaints as it leads to the abuse of the process of the lower courts. Muslim Law Bare Act : 8. In Bangladesh constitution, there is a provision for getting speedy trial of every accused person of criminal offence as per Article 35 3. The Code also controls and regulates the working of the machinery set up for the investigation and trial of offences. It has however been declared by the Supreme Court that the subordinate courts do not have any inherent powers. Universal's Guide to Judicial Service Examination: 13. Click on the image to read more about Classification of criminal offences under Indian Law Note:- We try our level best to avoid any kind of abusive content posted by users.
It is under the 37th Chapter of the Code titled Miscellaneous. Appeal lied to Board under Juvenile Justice Act but as no Board had been constituted as yet, hence, High Court, could grant relief but only under Section 439, Cr. Also some judges have to deal with both civil and criminal matters. It further provides that the High Court shall exercise its powers judiciously in order ensure proper working of judicial mechanism. The magistrate is not vested with any power to review or restore complaint dismissed due to absence of complainant. Under the District and Sessions Judge, there are Courts of civil and criminal jurisdiction i. According to the section 29 3 of CrPc, these Courts can reward imprisonment for a term not exceeding one year, or fined not be exceeding one thousand rupees, or both.
Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Limitation Act Bare Act : 12. Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an investigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings. In many developed countries of the world, there exist independent commissions to combat corruption. Subordination of Assistant Sessions Judges. In most of the cases decided during several decades the inherent power of the High Court has been invoked for the quashing of a criminal proceeding on one ground or the other. As per Section 2 s , police station means any post or place that is generally or specially designated by the state govt as a police station.
As of 1997, there were 84,609 cases pending inn the High Court Division for adjudication. These two Sections do not confer unfettered jurisdiction on this Court for reappraisal of evidence. This inherent power cannot naturally be invoked in respect of any matter covered by the specific provisions of the Code. However, executive magistrates perform the magisterial functions of the executive. However, two or more states can have a Joint High Court provided they have mutually consented to the same. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same.
Still the Court did not interfere in investigation There is no denial of the fact that the investigation and prosecution of criminal offences is lackadaisical. For this purpose, it is necessary to make procedural innovations…… The summit judiciary in India, keenly alive to its social responsibility and accountability to the people of the country, has liberated itself from the shackles of Western thought, made innovative use of the power of judicial review, forged new tools, devised new methods and fashioned new strategies. Similarly in criminal jurisdiction, comprise the Chief Judicial Magistrates or Chief Metropolitan Magistrate and Judicial Magistrates or Metropolitan Magistrate of First and Second Class. He cannot hear appeals or a revision from any inferior court without the direction or transferred by the session judge. In metropolitan areas, it is followed by Chief Metropolitan Magistrate and metropolitan magistrate. Furthermore, it has been held in the case of Geeta Mehrotra v. The state also provides free legal aid to the poor and needy.