Ipc 409

Querist : Anonymous (Querist) 15 October 2011 This query is : Resolved
Private complaint. Case taken up on file by the Metropolitan magistrate. Whether S.409 is triable by sessions judge or magistrate?

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kuldeep kumar (Expert) 15 October 2011
is there any twist in this section.very simple mag first class.

Raj Kumar Makkad (Expert) 15 October 2011
Metropolitan magistrate in your case and not sessions judge.

kuldeep kumar (Expert) 15 October 2011
ohh yes mm not jm 1st..good good gur ji

Shonee Kapoor (Expert) 15 October 2011
:-) Both MM and JMFC are same. why fight over the nomenclature?

Regards,

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

kuldeep kumar (Expert) 15 October 2011
mr shonee ji there is marked difference..day and night diference.at 5 place mm is superior than jm in crpc.

kuldeep kumar (Expert) 15 October 2011
to help see u diference..pls see section 395 crpc..jm is lower in referring to high court.

Arun Kumar Bhagat (Expert) 16 October 2011
Metropolitan Magistrate possesses special powers like summary trial, nut-shell recording of 313 Cr.P.C etc.which a JMFC does not.

Querist : Anonymous (Querist) 16 October 2011
Learned friends,

The following section of Cr.p.c. says magistrate has no power to order life imprisonment or exceeding 7 years.

But, punishment for IPC 409 is life or 10 years.

29. Sentences which Magistrates may pass

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or both

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class

Learned friends may say in the light of the above.

Arun Kumar Bhagat (Expert) 16 October 2011
Metropolitan Magistrate shall forward the case record after judgement to CMM for awarding punishment.

Raj Kumar Makkad (Expert) 16 October 2011
I do agree with Bhagat.

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