Code: Section 19 of the Code of Criminal Procedure, 1973 (CrPC)
(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.
Explanation:
This section deals with the subordination of Metropolitan Magistrates. It states that:
- All Metropolitan Magistrates shall be subordinate to the Chief Metropolitan Magistrate (CMM) in their respective areas.
- The CMM shall have the power to transfer cases from one Metropolitan Magistrate to another.
- The CMM can also supervise the work of Metropolitan Magistrates and issue directions to them.
Illustration:
Let’s say there are three Metropolitan Magistrates in Delhi. Each of them will be subordinate to the CMM of Delhi. The CMM can transfer a case from one Metropolitan Magistrate to another if he deems it necessary.
Common Questions and Answers:
Q: What is the role of the Chief Metropolitan Magistrate?
A: The CMM is the head of the Metropolitan Magistracy in a particular area. They supervise the work of all Metropolitan Magistrates and have the power to transfer cases between them.
Q: Can a Metropolitan Magistrate refuse to obey the directions of the CMM?
A: No, a Metropolitan Magistrate is bound to obey the directions of the CMM, as they are subordinate to them.
Q: What is the purpose of this section?
A: This section ensures the efficient administration of justice by maintaining a hierarchical structure within the Metropolitan Magistracy. It also ensures that all Metropolitan Magistrates adhere to the same standards and procedures.
