power of special judicial magistrate

vinod bansal (Querist) 18 August 2009 This query is : Resolved
R/Members
Kindly let me know whether a special judicial magistrate passed an order of imprisonment/sentence or not or he can impose only fine.Secondly enlighten me regarding provision of appointment of spl judicial magistrate for disposal of petty offences.Thanx

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Guest (Expert) 19 August 2009
Refer Chapter 2 of Criminal Procedure Code, 1973 and First Schedule.

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Kiran Kumar (Expert) 19 August 2009
Sections 13 and 14 of the Cr.P.C can be studied.

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SANDEEP GOYAL (Expert) 19 August 2009
Dear Mr. Bansal,
a High Court can appoint Special Judicial Magistrate on request of Central Govt./ State Govt. regarding special cases or special class cases for upto one year.
such appointed can entertain power of First Class Judicial Magistrate or Second Class Judicial Magistrate as the case may be.
(see Sec. 13 and 14 of the Cr.P.C. Act)

therefore S.J.M definitely has the power to pass an order of imprisionment.

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A. A. JOSE (Expert) 20 August 2009
Mr.Sandeep Goyal has correctly dealt with the issue and I too am of the same view.

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