Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court
In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.
In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.
The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.
“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
Allahabad High Court reiterated that at the stage of issuing the summons to the accused based on the police report, the Magistrate is not required to record any reason.
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