CONSTITUTION OF CRIMINAL
COURTS AND OFFICES
SEC 6 of criminal procedure code states about
classes of criminal courts. Besides the high courts and courts constituted
under any law, other than this code, there shall be, in every state, the
following classes of criminal courts, namely,
1. Court of sessions;
2. Judicial magistrate of
first class and, in any metropolitan area, metropolitan magistrate
3. Judicial magistrate of 2nd
class and
4. Executive magistrates.
Sec 7 of criminal procedure code
speaks about territorial divisions.
1. Every state shall be a
sessions division or shall consist of sessions divisions and every sessions
division shall, for the purpose of the code, be a district or consists of
districts;
Provided that every
metropolitan area shall, for the said purpose, be a separate sessions division
and district.
2. The state government may,
after consultation with the high court, alter the limits or the number of
divisions and districts.
3. The state government may,
after consultation with the high court, divide any district into sub divisions
and may alter the limits or the number of such sub-divisions
4. The sessions divisions,
districts and sub-divisions existing in a state at the commencement of this
code,shall be deemed to have been formed under this section.
Note: Alleged offence
committed outside the territorial jurisdiction of delhi high court. Writ
petition filed under article 32 was dismissed with the observation that the
dismissal shall not preclude the petitioner from moving appropriate court
including delhi high court if so advised. Petitioner moved delhi high court for
a direction to appoint independent agency for conducting enquiry. Held that earlier
order passed by supreme court does not constitute a mandamus to delhi high
court, particularly when the high court had got no territorial jurisdiction
over the matter. Allahabad high court has jurisdiction over the matter.Satya
prakash VS state of UP & ors. JT 2000(7) SC 541.
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