Clarification of word distt mag

samuel singh (Querist) 04 April 2012 This query is : Resolved
25.Assistant Public Prosecutors.- (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. (2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. (3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, DISTT MAGISTRATE may appoint any other person to be the Assistant Public Prosecutor in charge of that case: Provided that a police officer shall not be so appointed- (a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) if he is below the rank of Inspector.
IN SS 3 WORD DISTT MAG IS DISTT MAG OR ANY JUDICIAL MAG.
PLS CLARIFY

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Adv.R.P.Chugh (Expert) 04 April 2012
District Magistrate is an executive magistrate and not a judicial magistrate

samuel singh (Querist) 04 April 2012
u mean expression magistrate used in this section is executive magistrate not judicial magistrate as i misunderstood.

Raj Kumar Makkad (Expert) 04 April 2012
District Magistrate used in the given matter refers to District Commissioner (DC or DM).

Shonee Kapoor (Expert) 05 April 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 05 April 2012
Academic , not his problem

PARTHA P BORBORA (Expert) 06 April 2012
District magistrate means a deputy commissioner or district collector. District magistrate means an executive magistrate.

Guest (Expert) 08 April 2012
S/Shri Raj Kumar Makkad and Partha Borbora has very clearly elaborated the term.

samuel singh (Querist) 11 May 2012
RIGHTLY SAID BY MR DHINGRA.VERY NICELY EXPLAINED.HATS OFF

ashutosh mishra (Expert) 11 May 2012
Yes! District Magistrate(in some states also called District commissioner)are in fact whole sole representative of the state Government and have executive powers vested in them on behalf of state and they are not judicial Magistrate.

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