456 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(1) Pecuniary interest
A magistrate who is a shareholder of the company which is the complainant in the case, is disqualified from trying the case.
20 Bom. 502.
A magistrate should not entertain a criminal case in which persons indebted to him are concerned either as complainant or as accused.
Relationship
Magistrate who is a servant of the complainant will be disqualified.
7 Cal. 322 : 10 Cal. 194.
Magistrate who is master of the complainant will not be disqualified.
9 Bom. 172.
Magistrate who is husband of the complainant will be disqualified.
14 Bom. 572.
Distinction between 487 and 556
Section 487 does not disqualify an High Court Judge. Section 556 does.
Section 487 does not disqualify committal. Section 556 does.
Distinction between 556 and 526 (transfer)
Great deal confusion in cases.
Taking cognizance of an offence not of an offender.
Section 129. Empowers a Magistrate to call in Military Power to disperse an unlawful assembly which cannot otherwise be dispersed when the dispersal of that assembly seems to be necessary for public safety.
(II) Powers to pass interlocutory orders in a criminal matter Section 36
- Ordinary Powers
Mentioned in the Third Schedule to the Criminal Procedure Code. They vary with the class of the Magistrate.