The conferment of powers on an Executive Magistrate does not deprive the Judicial Magistrate First Class of jurisdiction, and Magistrates are required to apply judicious mind and pass appropriate orders in accordance with law.

In this petition filed under Section 482 of Cr.P.C., the petitioner arraigned as accused in C.C.No.335/2009 on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Anekal, has sought for quashing the prosecution launched against him in the said case for various offences purported to be under Bonded Labour System (Abolition) Act, 1976 (for short, ‘the Act’) inter alia on the grounds that, in view of the provisions of Section 21 of the said Act read with notification issued by the State Government dated 30.03.1976 published in the official Gazette, the Judicial Magistrate First Class ceased to have jurisdiction to take cognizance of any of the offences alleged under the Act and that assuming for the purpose of argument that the Judicial Magistrate had jurisdiction, the order impugned does not indicate the application of judicious mind to the materials on record and also does not specify as to the offences for which cognizance has been taken.

2) I have heard the learned counsel for the petitioner as well as the learned Government Pleader.

3) The argument regarding the jurisdiction of the Judicial Magistrate First Class to take cognizance of the offences under the Act, has no substance.

4) Section 21 of the Act reads thus:-

“21. Offences to be tried by Executive Magistrates, - (1) The State Government may confer, on an Executive Magistrate, the powers of a Judicial Magistrate of the first class or of the second class for the trial of offences under this Act; and, on such conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall be deeded, for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974), to be a Judicial Magistrate of the first class, or of the second class, as the case may be.

(2) An offence under this Act may be tried summarily by a Magistrate.

5) By notification dated 30.03.1976 issued by the State Government in exercise of its power conferred by Sub-Section (1) of Section 21 of the Act, all the District Magistrates in the State are conferred with the powers of the Judicial Magistrate First Class for dealing with the offences under the Act. The question is, on and from the date of the notification issued by the Government published in the official Gazette, whether the Judicial Magistrate First Class ceases to have jurisdiction to take cognizance of the offences alleged under Act.

6) Reading of Section 21 indicates that, the power to take cognizance and try the offences under the Act is vested with the Judicial Magistrate First Class and on Executive Magistrate. Upon such conferment of powers, for the purpose of dealing with the offences under the Act, the Executive Magistrate would be deemed to be the Judicial Magistrate First Class.

7) Reading of section does not indicate that, moment powers of the Judicial Magistrate First Class is conferred on the Executive Magistrate, the Judicial Magistrate First Class loses its jurisdiction to take cognizance of the offences under the Act. This court in State of Karnataka vs. Gangiah reported in (1979 Crl.L.J 1732) had an occasion to consider this very question. According to the facts of the said reported case, when a charge sheet was laid before the Judicial Magistrate First Class alleging offences under the Act, the Magistrate refused to take cognizance on the ground that he has no jurisdiction in view of the notification issued by the State Government in exercise of power conferred under Section 21 of the Act. That order was challenged before this Court by the State. This Court held that the Act does not lay-down anything regarding the powers of the Judicial Magistrate being conferred exclusively on the Executive Magistrate. Therefore, this court held that when a notification under Section 21 of the Act is issued by the State Government, it only means that the Executive Magistrate mentioned in the Notification will as well have the power to try the cases under the Act. It is further held that both the Executive Magi