State of Karnataka v. Gangiah

[Brick Kiln Database - Related Case Laws]

The Court observed that the State Government had issued a notification under Section 21 of the Act on 30-3-1976 conferring the powers of the Judicial Magistrate First Class on all District Magistrates and therefore all District Magistrates came to be empowered with the powers of trying such cases. The Court further observed that the Act does not lay down anything regarding taking away the powers of the Judicial Magistrate and conferring the same exclusively on Executive Magistrate. On these grounds, the Court held that both the Executive Magistrate mentioned in the notification and the Judicial Magistrate mentioned in the Code of Criminal Procedure will have powers to try the cases. Therefore, the learned Magistrate was not right in holding that he had no jurisdiction to try the case and as such, the respondent was entitled to be discharged. In the result, the impugned order was set aside, and the Magistrate was directed to proceed with the case