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No, the State Government cannot alter the limits of its districts without consulting the High Court as per Section 7(2) of the Code of Criminal Procedure. The State Government can only alter the limits or the number of such divisions and districts after consultation with the High Court. Therefore, any alteration made without such consultation would be invalid.
As per Section 8(4), if the population of a metropolitan area falls below one million, such area shall cease to be a metropolitan area from the date specified by the State Government in a notification. Therefore, if the population of Mumbai has indeed fallen below one million, the State Government of Maharashtra may issue a notification specifying the date from which Mumbai will cease to be a metropolitan area. However, any inquiry, trial, or appeal pending immediately before such cesser before any Court or Magistrate in Mumbai shall continue to be dealt with under the Code of Criminal Procedure as if such cesser had not taken place, as per Section 8(4).
In such a situation, the High Court may appoint an Additional or Assistant Sessions Judge to exercise jurisdiction in the Court of Session for the purpose of conducting the trial, as per Section 9(3) of the Code of Criminal Procedure. If the office of the Sessions Judge is vacant, urgent applications may be dealt with by an Additional or Assistant Sessions Judge, or even a Chief Judicial Magistrate, as per Section 9(5) of the Code. The High Court may also direct the Sessions Judge of another division to sit for the disposal of cases in the division where the Judge has fallen ill, as per Section 9(4) of the Code. It is important to note that the replacement Judge must be appointed by the High Court and should have the necessary qualifications and experience to preside over a Court of Session.
As per Section 10(3) of the Code of Criminal Procedure, the Sessions Judge may make provision for the disposal of any urgent application in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate. Therefore, in this situation, the Additional or Assistant Sessions Judge or the Chief Judicial Magistrate may dispose of the urgent application.
Mr. X’s local jurisdiction as a Judicial Magistrate extends to the district of ABC where he has been appointed under section 13. However, since he has been given an additional charge of the neighboring district DEF, his jurisdiction now extends to that district as well. In such a scenario, any reference to the Court of Session, Chief Judicial Magistrate, or the Chief Metropolitan Magistrate in the Code of Criminal Procedure shall be construed in relation to Mr. X throughout the area within his local jurisdiction, which includes both the districts of ABC and DEF. Therefore, Mr. X can exercise all the powers granted to him under the Code of Criminal Procedure in both districts.
As per Section 25(3) of the Code of Criminal Procedure, if no Assistant Public Prosecutor is available for a particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case. However, a police officer shall not be so appointed if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted or if he is below the rank of Inspector. Therefore, a police officer cannot be appointed as the Assistant Public Prosecutor for that case.