What is the procedure for case in which Judge or Magistrate is personally interested? Practicing pleader not to sit as Magistrate in certain Courts? Public servant concerned in sale not purchase or bid for property? Section 479, 480 and 481 of Code of Criminal Procedure 1973

Case in which Judge or Magistrate is personally interested, Practicing pleader not to sit as Magistrate in certain Courts and Public servant concerned in sale not purchase or bid for property are defined under Section 479, 480 and 481 of CRPC 1973. Provisions under these sections are:

Section 479 of CRPC "Case in which Judge or Magistrate is personally interested"

No Judge or Magistrate shall, except with permission of the Court to which an appeal lies from Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation:- A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.

Section 480 of CRPC "Practicing pleader not to sit as Magistrate in certain Courts"

No pleader who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

STATE AMENDMENT

Karnataka :- After Section 480, the following new Section 480A shall be inserted-

Section 480A of CRPC "Other powers of Magistrate"

Any Judicial Magistrate or Executive Magistrate shall be entitled to attest, verify or authenticate any document brought before him for the purpose of attestation, verification or authentication, as the case may be, and to affix seals thereon, as may be prescribed by any law for the time being in force." Karnataka Act 35 of 1984.

Section 481 of CRPC "Public servant concerned in sale not purchase or bid for property"

A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.

MISCELLANEOUS

What is Trials before High Courts? What is Delivery to commanding officers of persons liable to be tried by Court-martial? Section 474 and 475 of Code of Criminal Procedure 1973

What is Forms? What are the Power of High Court to make rules? What is Power to alter functions allocated to Executive Magistrate in certain cases? Section 476, 477 and 478 of Code of Criminal Procedure 1973

What is the procedure for case in which Judge or Magistrate is personally interested? Practicing pleader not to sit as Magistrate in certain Courts? Public servant concerned in sale not purchase or bid for property? Section 479, 480 and 481 of Code of Criminal Procedure 1973

What is Saying of inherent powers of High Court? What is Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates? What is Repeal and savings? Section 482, 483 and 484 of Code of Criminal Procedure 1973

 

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