# Conferment of powers

- **Citation:** C.L. No. 17/Admn
- **Court:** Allahabad High Court
- **Decided:** 1975-01-10
- **Case number:** C.L. No. 17/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/conferment-of-powers-163707
- **Pages:** 2

## Text

423
(iii)
Conferment of powers
C.L. No. 17/Admn. (B) dated 28th January, 1975 read with
C.L. No. 44 dated 9th April, 1975

The Court has conferred powers of Judicial Magistrate second class on the
Executive Magistrate mentioned in the Court's notification No. 1/Admn.(B) dated
January 10, 1975, in addition to their own duties subject to the following conditions :-
They shall work under the supervision of the Sessions Judge and Chief Judicial
Magistrate and shall do such work as may be assigned to them.
They shall comply with the instructions issued by the High Court and if work is
not done properly by them, the High Court will withdraw the powers so conferred.
They shall fix certain days in the week for judicial work and on those days, they
shall sit in court throughout the day and dispose of the criminal work. Absence from duty
on such day may be condoned only in case of maintaining law and order situation and for
no other reasons.
C.L. No. 52/Admn. (A) dated 23rd April, 1976

The aforesaid directions shall be applicable to all the Executive Magistrates who
have so far been appointed as Special Judicial Magistrates u/s. 13 Criminal Procedure
Code or who may be appointed as such subsequently.
C.L. No. 102/VIb-11 dated 9th June, 1976

The Executive Magistrates who have been conferred powers of Magistrates First
Class will be given cases under special and local Acts. While doing this work they will be
under the judicial control of the District Judge although the administrative control on
them will be of the District Magistrates. A list of cases under special and local Acts,
which would normally merit a sentence of fine, only may, therefore, be prepared and kept
ready so that as soon as appropriate arrangements are made the selected cases may
immediately be transferred to the Executive Magistrates.
(iv)
Administrative control over Additional Chief Metropolitan Magistrates/
Additional Chief Judicial Magistrates
C.L. No. 51/Xa-9/Admn. (A) Dated August 1, 1991
I am directed to refer to Court's C.L.No. 124/Admn. (D), dated 30.9.1975 and
C.L. No. 198/Admn. (A), dated 10.12.1976, on the above subject, and to say that on a
consideration of the matter, the Court has further decided that Additional Chief
Metropolitan Magistrates and the Additional Chief Judicial Magistrates are subordinate to
the Chief Metropolitan Magistrate/Chief Judicial Magistrate subject to the general
supervision and overall administrative control of the Sessions Judge.
I am, therefore, to request you kindly to bring in the notice of all Magistrates
working under your supervision, the content of this letter for their information and future
guidance.
424
3.
DIARY OF PRESIDING OFFICER
(i)
Proforma
C.L. No. 189/VIIIb-121 dated 25th November, 1976

It invites attention to rule 5-B and rule 11-A of General Rules (Criminal)
regarding maintenance of a court diary by the presiding officers and a register of
processes issued in criminal matters respectively in the prescribed proforma.

All the courts are directed to maintain a court diary in the proforma given in
Annexure-1 and a register of processes in the proforma given in Annexure-II.
As modified by C.L. No. 6/VIIIb-121 dated 7th January, 1977
ANNEXURE ̳I'
Court diary
Case No.
 and
date of
institution
The number of times already adjourned
Particulars
Purpose Rough
estimate
Remarks
At the instance
of prosecution/
complainant
(P)/(C)
At
the
instance
of Defence
(D)
For other
reasons
(O)
P.S. Section
Name
of
parties

1
2
3
4
5
6
7
8
9
10
(Note: Outcome of the case and in the event of adjournment, the adjourned dates, shall
also be noted in the remarks column)
ANNEXURE II
REGISTER OF PROCESSES ISSUED IN CRIMINAL MATTERS
Particulars
 of
cases
Date
of
order
for
issue
of process
Date of
despatch
of
process
from
court
No. and
description
of
processes
with
names
Initials with
date of police
or other
officials
receiving
processes
Name of
Thana or
Distt. to
which
process
sent
Date
fixed
for
 return
Actual
date
of
return
Remarks
1
2
3
4
5
6
7
8
9
C.L. No. 131/VIIIb-121 dated 21st November, 1978, and
C.L. No. 45/VIIIb-121 Admn. (G) (8) dated 20th July, 1983
The court diaries shall be maintained by the presiding officers of the courts in
their own handwriting and all the columns of the said diary including columns 2A, 2B
and 2C relating to adjournments are also to be filled up by the presiding officers
themselves.
C.L. No. 56/VIII-b-121 dated 6th July, 1973
Presiding Officers should avoid ambiguity while making entries in their diary and
should clearly mention the purpose for which the case is fixed on a particular date in the
purpose column. Vague words like P.H. and F.H. should not be used and the purpose
shown in the diary should tally with the business done on a particular date. ―Remarks
column‖ should indicate the outcome of the case, the number of witnesses examined, the