What Is Metropolitan Magistrate Court

This article was written by Oishika Banerji of Amity Law School, Kolkata. This article provides a detailed analysis of what distinguishes a metropolitan magistrate from other court officials. The amount of the penalty that different types of judges may impose is set out in article 29 of the 1973 Code of Criminal Procedure. The first-class magistrate can only impose a sentence of up to three years. However, they can hear such cases, and if they feel that the defendant deserves a harsher sentence than they can impose, they can use section 325 of the Code to refer the case back to the Chief Justice. This was the conclusion of the Karnataka High Court in Shivarajveerappa Purad and Another etc. v/s State of Karnataka and Another etc. (1977). It should also be noted that the powers of the Chief Justice cannot be transferred to other judges who preside over the juvenile court.

Article 6 of the 1973 Code of Criminal Procedure classifies criminal courts into four main groups, namely: “metropolitan magistrate” is a term coined using “metropolitan area” under article 8 of the 1973 Code of Criminal Procedure. According to that provision, any territory of the State comprising a city of more than one million inhabitants is an agglomeration within the meaning of the 1973 Code. Since we have acquired some knowledge about the “metropolitan area”, we can quickly turn to paragraphs 1, 2 and 3 of section 3 of the above-mentioned Code, which clarifies the term “magistrates” used conclusively in the Code. According to this provision, any category of magistrates relating to a metropolitan area is referred to as a “metropolitan magistrate”. While a “metropolitan magistrate” can step into the shoes of a first-class judicial judge, he can also fit very well into the clothes of a second-class judicial judge. At present, the sanctioned number of courts of metropolitan magistrates is 75. These courts are housed in 16 judicial complexes (centre), namely (1) Esplanade, 2) Mazgaon (currently camped in Sewree), 3) Girgaon, 4) Dadar, 5) Andheri, 6) Bandra, 7) Borivali, 8) Kurla, 9) Vikhroli, 10) Mulund, 11) Ballard Pier, 12) C.S.T., 13) Mumbai Central Court (M.C.T.), 14) Vileparle, 15) Shindewadi and 16) Juvenile Court-Umarkhadi. He may also serve as Chief Justice or Presiding Judge.

Thus, a single term can be used as a synonym as soon as a “metropolitan area” comes into play. This is the specialty of a “metropolitan magistrate” and distinguishes him from other court officials. This article takes a closer look at the concept of metropolitan magistrate in relation to the 1973 Code of Criminal Procedure. The referral of cases to the judicial magistrate by the chief magistrate is provided for in article 410 of the Code of Civil Procedure. Each Chief Magistrate may dismiss or commemorate any case assigned to him by a judge under his authority and may investigate or hear the case himself or refer it to another judge authorized to hear or hear him. A metropolitan magistrate is a first-class magistrate under the general supervision of the district and session judge and reports to the chief metropolitan magistrate. Article 325 of the Code of Civil Procedure regulates the procedure to be followed when a judge is unable to render a judgement sufficiently. If a judge having jurisdiction over the offence to be tried finds the accused guilty of that offence, but is of the opinion that he or she does not have the power to impose a sentence appropriate or severe enough to meet the needs of justice, he or she must refer the whole matter to the Chief Justice, to whom he or she may be subordinated. In parallel with the proceedings of the lower judge, the accused must be transferred to the higher judge for a final decision. The courts of the second level of the Metropolitan Magistrate have been described in detail in section 16 of the Code of Criminal Procedure of 1973.

While Article 16 § 1 provides that the number of courts of metropolitan magistrates to be established in each agglomeration is to be transferred to the State Government in consultation with the High Court of the State concerned, Article 16 (2) confers on the High Court of that State the power to appoint the presidents of such courts. Article 3 provides that the courts of the metropolitan magistrate shall exercise their jurisdiction over the entire territory of the agglomeration. In the case of Shah Jethalal Lalji v. Khimji M. Bhujpuria (1974), the Bombay High Court held that the jurisdiction of each metropolitan magistrate under section 16 § 3 of the 1973 Code extended to the trial of an offence committed anywhere in the metropolitan area. The referral of cases to subordinate judges after becoming aware of a criminal offence for investigation or judicial proceedings is another important power conferred on a Chief Justice under section 192 of the 1973 Code. The requirements of this section are intended to divide work among judges when there is more than one in the same place. This article allows cases to be transferred to a subordinate judge qualified to conduct the investigation or proceedings. A superior judge may withdraw or recall any case assigned to a subordinate judge under section 410. According to that provision, no notification of the accused person is required. However, according to article 410, the magistrate is obliged to register his reasoning.

Metropolitan Courts of First Instance: The Courts of First Instance of the Presidency were also known as Police Courts in 1810. When the Criminal Procedure Code 1973 (2 of 1974) came into force on 1 April 1974, these courts were known as the Chief Metropolitan Magistrates Courts of Mumbai. As we have seen previously, a metropolitan magistrate may have responsibilities up his sleeve in addition to the powers of all other magistrates with respect to a metropolitan area.