Section 11 of the Code of Criminal Procedure 1973 has the Provision to appoint a magistrate of the related Court and section 12 of this Code speaks about the procedure of appointment of any Magistrate and the eligibility of the person to be a Magistrate.

 This section states that there shall be established as many Magistrate Courts according to the density of people and jurisdiction of the authority. This establishment is made with the help of the suggestion of the High Court of that state. In subsection 1 of this section clearly says that there shall be High Court in the Local Area and for governing that court there will be an officer named as the Magistrate.

Subsection 2 of the above section states that the presiding officer ‘Magistrate’this court will be appointed by the High Court of that state

And according to the necessary circumstances the High Court can distribute the power of any Magistrate as the First class, Second class or any, or any member of functioning for the state, functioning as a judge in the civil court.

In this section,  it is mentioned that there will be the chief judicial magistrate and the additional judicial magistrate. And, the appointment will be done by the High Court.

The High Court can, according to his interest can use these courts in the functioning of the judiciary. It will have his control and review under the Chief judicial Magistrate and, further, the chief judicial Magistrate will have the control and review power of the judicial Magistrate.

Classification of Magistrate under the Cr. P.C.

In this case, it was told by the Court that the power to appoint the various Magistrate and the control of them is having the High Court of that state. And the Procedure of appointment of these officers Magistrate can vary from state to state as per the policies of that state government.