High Court’s Superintendence over Judicial Magistrates S. 483 of the Code of Criminal Procedure

It has been held that S. 483 is attracted only when the impugned order is made by a Criminal Court. This power cannot be invoked to remedy a wrong done by an executive action or order, as for instance, a detention order under the MISA, even if made in excess or abuse of powers. (Tikam Chand v. K. Bora,-1976 Cr. L.J. 1801)

S. 484, the last section of Criminal Procedure Code, repeals the old Code, namely, the Code of Criminal Procedure, 1898.

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S. 484 also provides that if the period prescribed for any application or other proceedings under the old Code had expired before the new Code (i.e. the present Code) came into force, no such application can be made or proceedings commenced under the new Code, just because the new Code prescribes a longer period for the same purpose.

Despite the specific repeal of the old Code, the following four rules are to apply:

(i) If there is any appeal, application, trial, inquiry or investigation pending immediately before the new Code came into force, it is to be continued and disposed of in accordance with the provisions of the old Code. Only inquiries pending under Chapter XVII of the old Code are to be disposed of according to the provisions of the new Code.

(ii) All notifications published, proclamations issued, powers conferred, sentences passed and appointments made (except appointments as Special Magistrates) under the old Code, and in force immediately before the commencement of the new Code, are deemed to have been done under the corresponding provisions of the new Code.

(iii) If any sanction or consent has been taken under the old Code, but no proceedings were commenced under that Code, such sanction or consent is to be deemed to have been given under the corresponding provision of the present Code, and proceedings can be commenced under the present Code in pursuance of such sanction or consent.

(iv) The provisions of the old Code are to continue to apply to all prosecutions against a ‘Ruler’ within the meaning of Art. 363 of the Constitution.