Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 452: Making Over or Withdrawal of Cases by Executive Magistrate
Any District Magistrate or Sub-Divisional Magistrate may—
(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
Brefe Detail
Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers District Magistrates and Sub-Divisional Magistrates to manage the proceedings of cases within their jurisdiction. They can assign cases to subordinate magistrates for disposal or withdraw cases to handle them personally or refer them to another magistrate.
Question & Answers
Q1: What authority do District Magistrates and Sub-Divisional Magistrates have under Section 452?
A1: They can make over cases for disposal to subordinate magistrates or withdraw cases to handle them personally.
Q2: Can a District Magistrate withdraw a case once it has been assigned?
A2: Yes, a District Magistrate can withdraw any case he has made over to a subordinate magistrate.
Q3: What options are available to a magistrate after withdrawing a case?
A3: After withdrawing a case, the magistrate can either dispose of it himself or refer it for disposal to another magistrate.
Q4: What does make over mean in this context?
A4: Make over refers to assigning a case for disposal to a subordinate magistrate.
Example
1. A District Magistrate makes over a pending case to a subordinate magistrate for efficient handling of the proceedings.
2. A Sub-Divisional Magistrate withdraws a case he previously assigned, deciding to manage the case himself due to its complexity.
3. After recalling a case, a District Magistrate refers it to another magistrate who specializes in that area of law for proper disposal.
Summary
Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides District Magistrates and Sub-Divisional Magistrates the authority to assign or withdraw cases within their jurisdiction. This enables them to effectively manage legal proceedings, ensuring that cases are handled efficiently and by the appropriate magistrate.
