Power to alter functions allocated to Executive Magistrate in certain cases
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Summary
Where the State Legislative Assembly permits, the State Government may, after consulting the High Court, notify that certain duties which in listed provisions refer to an Executive Magistrate will instead be treated as references to a Judicial Magistrate of the first class. The change can only happen after the Assembly resolution and High Court consultation. Once notified, the cited sections are read as mentioning the Judicial Magistrate of the first class.
Example
Ravi files a complaint about a neighbourhood disturbance that falls under a provision naming an Executive Magistrate. Because the Assembly passed a resolution and the State consulted the High Court, the State issues a notification. The matter is heard by a Judicial Magistrate of the first class instead of an Executive Magistrate.
Bare Act
Enacted textIf the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
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