II Constitution Of Criminal Courts And OfficesVerified
(1)The State Government shall establish a of for every s division.
(2)Every of shall be presided over by a Judge, to be appointed by the High .
(3)The High may also appoint Additional s Judges and Assistant s Judges to exercise jurisdiction in a of .
(4)The s Judge of one s division may be appointed by the High to be also an Additional s Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High may direct.
(5)Where the office of the s Judge is vacant, the High may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such of by an Additional or Assistant s Judge, or if there be no Additional or Assistant Judge, by a Chief Judicial Magistrate, in the s division, and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6)The of shall ordinarily hold its sitting at such place or places as the High may, by notification specify; but if, in any particular case, the of is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the s division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.Explanation. - For the purposes of this Code, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.
Orissa.- In its application to the State of Orissa, in Section 9, to sub-Section (3), add the following proviso, namely :-"Provided that notwithstanding anything to the contrary contained in this Code, an Additional s Judge in a district or sub-division, other than the district or sub-division, by whatever name called, wherein the headquarters of the s Judge are situated, exercising jurisdiction in a of shall have all the powers of the Judge under this Code, in respect of the cases and the proceedings in the Criminal s in that district or sub-division for the purposes of Section 116, Section 193 and 194, Clause (a) of Section 209 and Sections 409 and 449.Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional s Judge or a Judge under this Code." - Orissa Act 6 of 2004 Section 2.UTTAR PRADESH.- In section 9 after sub-section (5), the following sub-section shall be inserted :"(5-A) In the event of the death, resignation, removal or transfer of the s Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which his is held, the senior-most among the Additional s Judges and the Assistant s Judges present at the place, and in their absence. the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of the office of the s Judge and continue in charge thereof until the office is resumed by the s Judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High in this behalf, exercise any of the power of the s Judge." - [U.P. Act 1 of 1984, Section 2 w.e.f. 1.5.1984].In Section 9 of the Code in sub-section (6) insert the following proviso -"Provided that the of may hold, or the High may direct the of to hold, its sitting in any particular case at any place in the s division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and accused shall not be necessary." - [U.P. Act No. 16 of 1976, Section 2 w.e.f. 28.11.1975].WEST BENGAL.- In section 9 of the Code in sub-section (3) insert the following proviso :"Provided that notwithstanding anything to the contrary contained in this Code, an Additional s Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Judge are situated, exercising jurisdiction in a of , shall have all the powers of the s Judge under this Code, in respect of the cases and proceedings in the Criminal s in that sub-division, for the purposes of sub-section (7) of Section 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449 :Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional s Judge or a s Judge under this Code." [Section 3 of West Bengal Act No. 24 of 1988]
