JUDGMENT

K. JAGANNATHA SHETTY, J.— We grant special leave and proceed to dispose of the appeal.

2. The point raised in the appeal is a very short one, but nevertheless of general importance. It is with respect to the powers of the Special Executive Magistrates appointed under Section 21 of the Code of Criminal Procedure, 1973 (the Code).

3. Before narrating the facts, we may set out the relevant statutory provisions bearing on the question. Sections 20 and 21 of the Code provide power to the State Government to appoint Executive Magistrates and Special Executive Magistrates.

4. Section 20 so far as material reads:

"20. Executive Magistrates.- (1) In every district and in every metropolitan area, the State Government may appoint as many per-sons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Code or under any other law for the time being in force as may be directed by the State Government.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a subdivision shall be called the Sub-Divisional Magistrate."

5. In each district, the State Government under Section 20 may appoint as many Executive Magistrates as it thinks fit. One of them shall be appointed as District Magistrate and another may be appointed as an Additional District Magistrate. An Executive Magistrate may be placed in charge of a sub-division and he would be called as Sub-Divisional Magistrate. These Magistrates except the Additional District Magistrates are entitled to exercise all the powers and perform all the duties conferred and imposed by the Code. The Additional District Magistrate however, will have only such of the powers of the District Magistrate as may be directed by the State Government.

6. Section 21 provides:

"21. Special Executive Magistrate.- 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."

7. The Special Executive Magistrates may be appointed for such term as the government may think fit. They may be appointed for particular areas or for the performance of particular functions. They may be conferred with the powers that are conferrable under the Code on Executive Magistrates.

8. The facts in the instant case are not in dispute and they fall within a narrow compass. The Maharashtra Government by notification dated April 11, 1974 appointed all Assistant Commissioners of Police in the metropolitan area of Greater Bombay as Special Executive Magistrates. By another notification dated October 20, 1976 the government conferred on them the powers of an Executive Magistrate under Section 107 of the Code. The notification reads as follows:

"No. XXI-SB/EXM. 0775.1- In exercise of the powers conferred by Section 21 of the Code of Criminal Procedure, 1973 (2 of1974) the Government of Maharashtra here by confers the powers of an Executive Magistrate under Section 107 of the said Code on all Assistant Commissioners of Police, Greater Bombay, appointed as Special Executive Magistrates, by Government Notification, Home Department No. MSC 1274/V-C dated April 1, 1974 in relation to the metropolitan area of Greater Bombay."

9. Respondent 7 lodged a complaint against a group of persons -respondents 1 to 6 before the Senior Inspector of Police, Mahim Police Station - appellant 2. The complaint was investigated and proceedings under Section 107 of the Code were initiated before the Special Executive Magistrate