(Querist) 31 January 2009
This query is : Resolved
Does the words Judicial magistrate and Magistrate in sections 56,57 and 167 Crpc also include Addl Session judge, Session judge and High Court also? if so are they competent to remand an accused in Custody?
(Expert) 31 January 2009
a judicial officer who is competent to held inquiry and trial of criminal matters whitin its local jurisdiction, but do not have powers in respect of Review, Revision or Appeal is a MAGISTRATE.
Considering this definition; Sessions Judge is not a Magistrate.
But in special case like case under The Prevention of Corruption Act, session judge has power to remand the accused in custody,
and High court can exercise all the powers of its subordinate courts.
In short addl session judge and high court can remand the accused in a perticular matter.
(Querist) 01 February 2009
Thank you Jainodinji.