1. Arguments have been addressed whether the Additional Chief
Metropolitan Magistrate who entertained the complaint of the
respondent had jurisdiction to do so or not.
2. Section 17 of Cr. P.C. pertains to Chief Metropolitan Magistrate
and Additional Chief Metropolitan Magistrate in metropolitan cities and
reads as under:
"(1) The High Court shall, in relation to every
metropolitan area within its local jurisdiction,
appoint a Metropolitan Magistrate to be the Chief
Metropolitan Magistrate for such metropolitan
area.
(2) The High Court may appoint any Metropolitan
Magistrate to be an Additional Chief Metropolitan
Magistrate, and such Magistrate shall have all or
any of the powers of a Chief Metropolitan
Magistrate under this Code or under any other
law for the time being in force as the High Court
may direct."
Section 19 of Cr. P.C. describes about subordination of Chief
Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
and reads as under:
"(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."
3. In Delhi there are 9 districts. However, Delhi has only one
Sessions Division. Therefore, only one Chief Metropolitan Magistrate is
appointed in Delhi and in all other districts Additional Chief Metropolitan
Magistrate is head of Magistracy in terms of Cr. P.C. All criminal
complaints in each district are filed before concerned Additional Chief
Metropolitan Magistrate and he has to assign these criminal complaints
to different Metropolitan Magistrates in accordance with rules of
allocation of business as indicated by High Court. However, Section 19
(3) of Cr. P.C. gives power to the Chief Metropolitan Magistrate and
Additional Chief Metropolitan Magistrates to allocate business to
Metropolitan Magistrates. The post of Chief Metropolitan Magistrates is
akin to the post of Chief Judicial Magistrate as described in Section 12
of Cr. P.C.
4. I consider that an Addl. Chief Metropolitan Magistrate, on being
presented with a complaint, has discretion either to keep the complaint
with himself or to mark it to other Metropolitan Magistrate working in the
district.
5. In the present case, the Additional Chief Metropolitan Magistrate
of district New Delhi kept this complaint with himself instead of marking
it to other Metropolitan Magistrate. I consider he committed no illegality
in entertaining the complaint. The issue of jurisdiction is, therefore,
decided accordingly.
6. List for arguments in the petition on 21st February, 2011.
NOVEMBER 24, 2010 SHIV NARAYAN DHINGRA, J.
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