A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case summarily. Is the order of the Sessions Judge conferring power upon the 1st Class Judicial Magistrate valid?

Question: A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case summarily. Is the order of the Sessions Judge conferring power upon the 1st Class Judicial Magistrate valid?

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Answer

The power to try a case summarily is laid down under Section 260 of the Code of Criminal Procedure, 1973.

The Magistrates empowered to try cases summarily are:

(a) Chief Judicial Magistrate,

(b) Metropolitan Magistrate,

(c) Magistrate of the first class (specially empowered by the High Court), and

(d) Magistrate of the second class (specially empowered by the High Court in a limited number of cases)

Magistrates of the first class can try cases summarily when they are specially empowered by the High Court. Thus, an order of the Session Judge conferring power upon the 1^st class Judicial Magistrate holds no value and will be considered invalid.

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