Under Section 21 of Cr.PC, Special Executive Magistrate may be appointed by
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- Central Government
- High court
- Supreme Court
- State Government
The Correct Option is D
Solution and Explanation
Step 1: Understanding the Concept:
The Code of Criminal Procedure, 1973 (Cr.PC) provides for different classes of Magistrates to exercise executive and judicial functions. Special Executive Magistrates are appointed for particular areas or for the performance of particular functions.
Step 2: Detailed Explanation:
Section 21 of the Cr.PC deals with the appointment of Special Executive Magistrates. The section reads:
"The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates as it may deem fit."
This provision clearly vests the authority of appointment in the State Government.
Step 3: Final Answer:
As per Section 21 of the Cr.PC, a Special Executive Magistrate is appointed by the State Government.
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
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