T. SURYA RAO, J. ( 1 ) IN this reference a clarification has been sought by the learned vii Metropolitan Magistrate, Visakhapatnam, as to whether he has jurisdiction to try the case in CC No. 340 of 2001 which arose from Cr. No. 302 of 2001 of V Town Law and order Police Station, Visakhapatnam city, registered for the offences under sections, 3, 4, 5 and 9 of the Official secrets Act, 1923, (for short, the Act ) and under Section 120-B of the Indian Penal Code. ( 2 ) DURING the course of investigation the accused were arrested and produced before the learned VII Metropolitan magistrate, Visakhapatnam, who was territorial jurisdiction and they were remanded to judicial custody. Eventually a complaint was filed by the Investigation Officer in accordance with the provisions contained in the Act. Cognizance was taken upon that complaint on 29-11-2001. At the time of hearing of the complaint as it was noticed that the Judicial Magistrate of First Class specially empowered in that regard was competent to try the case emanating from the provisions of the Act, the learned Vn metropolitan Magistrate, Visakhapatnam, addressed a letter to this Court under sub-section (2) of Section 395 Cr. PC for necessary clarification. ( 3 ) HAVING regard to the reference made, it is appropriate at the threshold to refer to Section 13 of the Act. Section 13 of the Act is extracted hereunder insofar as it is necessary for the purpose of this reference. Section 13 (1) (2) and (3) reads thus:"13. Restriction on trial of offences : (1) No court (other than that of a Magistrate of the first Class specially empowered in this behalf by the appropriate Government) which is inferior to that of a District or Presidency magistrate shall try any offence under this Act. (2) If any person under trial before a magistrate for an offence under this Act at any time before a charge is framed claims to be tried by the Court of Sessions, the magistrate shall, if he does not discharge the accused, commit the case for trial by that court, notwithstanding that it is not a case exclusively triable by that Court. (3) No Court shall take cognizance of any offence under this Act unless upon complaint made by order of, or under authority from, the appropriate Government or some officer empowered by the appropriate Government in this behalf. (3) No Court shall take cognizance of any offence under this Act unless upon complaint made by order of, or under authority from, the appropriate Government or some officer empowered by the appropriate Government in this behalf. " ( 4 ) A mere glance at the above provision makes it manifest that no Court which is inferior to that of a District or presidency Magistrate shall try any offence under the Act. The offence can also be tired by a Judicial Magistrate of First Class provided he is specially empowered in that behalf by the appropriate Government. Therefore, either the Judicial Magistrate of first Class who is specially empowered in that regard or the Court of District or presidency Magistrate has jurisdiction to try the offences under this Act. It may be mentioned that the Act is an Act 19 of 1923. In this context it is appropriate to refer to the relevant provisions of Code of Criminal procedure, 1898 (for brevity, the old Code ). Section 10 of the old code envisages appointment of District Magistrate. Sub-sections (1) and (2) of Section 10 of the old Act reads as hereunder:"10. District Magistrate: (1) In every district outside the presidency-towns the State government shall appoint a Magistrate of first class, who shall be called the District magistrate. (2) The State Government may appoint any magistrate of the first class to be an additional district Magistrate, and such Additional district Magistrate shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force, as the State Government may direct. " ( 5 ) THE old Act also envisages the appointment of Presidency Magistrate. Sub-sections (1) and (2) of Section 18 of the old Act are relevant which may be extracted hereunder. "18. Appointment of Presidency Magistrates : (1) The State Government shall, from time to time, appoint sufficient number of persons (hereinafter called Presidency magistrates) to be Magistrates for each of the presidency-towns and shall appoint one of such persons to be the Chief Presidency magistrate for each such town. (2) The powers of a Presidency Magistrate under this Code shall be exercised by the chief Presidency Magistrate, or by a salaried presidency Magistrate or by any other presidency Magistrate empowered by the state Government to sit singly, or by any bench of Presidency Magistrates. (2) The powers of a Presidency Magistrate under this Code shall be exercised by the chief Presidency Magistrate, or by a salaried presidency Magistrate or by any other presidency Magistrate empowered by the state Government to sit singly, or by any bench of Presidency Magistrates. ( 6 ) THESE provisions clearly show that one of the judicial Magistrate of First class shall be appointed by the State government as District Magistrate in a place other than the presidency areas and in the presidency are one of the Presidency magistrates shall be appointed as Chief presidency Magistrate. ( 7 ) THE Code of Criminal Procedure, 1973 (for brevity the New Code ) brings about the separation of Judicial and executive functions of the Magistrates and separate functions have been allotted to judicial Magistrates and Executive magistrates. Section 3 of the new Code is apposite here to be considered and it reads as under: "3. Construction of references : (1) In this code (a) any reference, without any qualifying words to a Magistrate shall be construed unless the context otherwise requires. (i) in relation to an area outside a metropolitan area as a reference to a judicial Magistrate; (ii) in relation to a Metropolitan area as a reference to a Metropolitan magistrate; (b) any reference to a Magistrate of the second class shall in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class and in relation to a metropolitan area as a reference to a metropolitan Magistrate; (c) any reference to a Magistrate of the first Class shall, (i) in relation to a Metropolitan area, be construed as a reference to a metropolitan Magistrate exercising jurisdiction in that area. (ii) in relation to any other area, be construed as a reference to the Chief metropolitan Magistrate exercising jurisdiction in that area. (d) any reference to the Chief Judicial magistrate shall in relation to a Metropolitan area, be construed as a reference to the chief Metropolitan Magistrate exercising jurisdiction in that area. (2) In this Code, unless the context otherwise requires any reference to the Court of a judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of Metropolitan Magistrate for that area. (3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code. (2) In this Code, unless the context otherwise requires any reference to the Court of a judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of Metropolitan Magistrate for that area. (3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code. (a) to a Magistrate of the First Class shall be construed as a reference to a Judicial magistrate of the first class. (b) to a Magistrate of the Second Class or of the third class, shall be construed as a reference to a Judicial Magistrate of second Class; (c) to a Presidency magistrate or Chief presidency Magistrate, shall be construed as a reference respectively to a metropolitan Magistrate or the Chief metropolitan Magistrate. (d) to any area which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a magistrate of the First Class or of the second Class in relation to such area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area. (4) Where under any law, other than this code, the function exercisable by a magistrate relate to matters (a) which involves the appreciation or sifting of evidence or the formulation of my decision which exposes any person to any punishment or penalty or detention in custody pending investigation inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Code, be exercisable by a Judicial magistrate; or (b) which are administrative or executive in nature, such as the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution they shall, subject as aforesaid be exercisable by an Executive Magistrate. Having regard to this change, it becomes necessary to construe the references made in various enactments prior to the advent of the New Code in the light of the changed allocation of functions under the New Code. Therefore, from the provisions of Section 3 herein above excerpted it is obvious that a magistrate in the metropolitan area shall mean a Metropolitan Magistrate and elsewhere in the State shall mean a Judicial magistrate of First Class. Therefore, from the provisions of Section 3 herein above excerpted it is obvious that a magistrate in the metropolitan area shall mean a Metropolitan Magistrate and elsewhere in the State shall mean a Judicial magistrate of First Class. Since the New code envisages the declaration of metropolitan areas by the State Government by means of a notification, the concept of presidency towns has been done away with. The cities or towns whose population exceeds one million shall be declared as metropolitan area for the purpose of the new Code under Section 8 thereof. One among the Judicial Magistrates of First Class shall be appointed as Chief Judicial magistrate under* Section 12 of the new code and one among the Metropolitan magistrates shall be appointed as Chief metropolitan Magistrate under Section 17 of the New Code. A Chief Judicial magistrate elsewhere in the State shall, therefore, mean a Chief Metropolitan magistrate in a Metropolitan area. In view of the separation of judicial and executive functions of the Magistrates, the New Code envisages the appointment of Executive magistrates under Section 20. According to section 20, in every district and in every metropolitan area the State Government may appoint as many as persons as it thinks fit to be Executive Magistrates and shall appoint one of them as District Magistrate. The District Magistrates are, therefore, expected to discharge the executive functions of the Magistrates as envisaged under the old Code. These changes shall have to be borne in mind whenever it becomes necessary to look at the references made under various enactments prior to the advent of the new Code. ( 8 ) SINCE it has not been shown before me that the Judicial Magistrate of first Class or the Metropolitan Magistrate, as the case may be has been specially empowered for the purpose of the Act by means of a notification issued by the State government, the learned VII Metropolitan magistrate at Visakhapatnam has no jurisdiction to try the case emanating from the provisions of the Act. The Chief metropolitan Magistrate at Visakhapatnam is the competent Court, which can try the offence under the Act. ( 9 ) THE initial cognizance taken on the complaint by the learned Vn Metropolitan magistrate is without jurisdiction for the reasons hereinabove discussed. Therefore he can return the complaint in accordance with the provision of Section 201 Cr. The Chief metropolitan Magistrate at Visakhapatnam is the competent Court, which can try the offence under the Act. ( 9 ) THE initial cognizance taken on the complaint by the learned Vn Metropolitan magistrate is without jurisdiction for the reasons hereinabove discussed. Therefore he can return the complaint in accordance with the provision of Section 201 Cr. PC for the purpose of presenting the same before the appropriate Court. The reference is answered accordingly.