Section 12:
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
(1) In every
district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class
to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief
Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate
under this Code or under any other law for the time being in force as the High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as
the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as
occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial
Magistrate shall also have and exercise, such powers of supervision and control over the work of the
Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High
Court may, by general or special order, specify in this behalf. STATE AMENDMENT
Uttar Pradesh
In section 12 of the said Code, after sub-section (3), the following sub-section shall be inserted,
namely ;
“(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness,
absence or otherwise for the performance of his duties, the senior-most among the Additional Chief
Judicial Magistrate and other Judicial Magistrate present at the place, and in their absence the District
Magistrates present at the place, and in their absence the District Magistrate and in his absence the
senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.”
[Vide Uttar Pradesh Act 1 of 1984, s. 3]