Law: Criminal Procedure Code (V of 1898)

Section: Ss. 14, 17 (1) & 515

Criminal Procedure Code (V of 1898)-----   ----Ss. 14, 17 (1) & 515- Special Magistrate appointed under S. 14-Subordinate to District Magistrate not only in respect of his executive but also of judicial functions - Special Magistrate having wider territorial jurisdiction than that of District Magistrate Appeal lies from order of such Special Magistrate to Sessions Judge within local limits of whose jurisdiction Special Magistrate holds his Court in disposing of cases.   2 All. 205 ; 2 Bom. 384 ; 9 Bom. 100 ; 19 Cr. L J 310 and A I R 1918 Lah. 196 rel.    ORDER   The petitioner stood surety for the accused in a forest case before the Forest Magistrate. The accused failed to appear before the Forest Magistrate. The learned Forest Magistrate issued notice to the surety why the surety bond should-not be forfeited. He failed to appear and the learned Magistrate forfeit ed the bond to the extent of Rs. 500. The surety then went up in appeal before the District Magistrate Poonch but the learned D. M. returned the appeal with his endorsement dated 19-10-62 that the Forest Magistrate was not subordinate to the Court of the D. M. therefore, he (D. M.) was not competent to hear the appeal. Sections 14 and 17, Cr. P. C. have bearing on the case and are reproduced below :-   Section 14, subsection (1).-The Government may confer upon any person all or any of the powers conferred or conferable by or under this Code on a Magistrate of the first, second or third class in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local are a outside the presidency-towns.   Such Magistrates shall be called Special Magistrates and shall be appointed forsuch term as the Government may by general or special order direct.   and (4) . . . . . . .   Section 17, subsection (1).-All Magistrates appointed under sections 12, 13 and 14, and all Benches constituted under section 15, shall be subordinate to the District Magistrate, and he may, from time to time, make rules or give special orders consistent with the Code as to the distribution of business among such Magistrates and…