Vol. 12 · pages 426–430

405THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 6. Relation of the different Courts in the Provincial System Section 17 (2) 14. Every Bench and every Magistrate in a sub-division shall be subordinate to the Sub-Divisional Magistrate. Within a sub-division, the jurisdiction of the District Magistrate and sub-divisional Magistrate are coordinating. 4 All. 366. Magistrate who is subordinate to S. D. M. is also subordinate to D. M. All Benches and Magistrates including Sub-Divisional Magistrates are subordinate to the District Magistrate. Section 10(3) An Additional District Magistrate shall be subordiate to the District Magistrate for the purpose only of: (i) Section 192 (1) (ii) Section 407 (2) (iii) Section 528 (2) and (3). Section 17 (3) All Assistant Sessions Judges are subordinate to the Sessions Judge in whose court they exercise their jurisdiction. 15. Subordinate.—(1) inferior in rank. 9 Bom. 100 8 Mad.18(F.B.) (2) Subordinate in respect of judicial as well as executive powers. 2 All. 205 (F. B.) 9 Bom. 100. There may be inferiority without subordination, but there cannot be subordination without inferiority, as subordinate means inferior in rank. Section 17 (5) Neither the District Magistrate nor the Magistrate and Benches shall be subordinate to the Sessions Judge except to be expressly provided by the Code.

406 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Subordinate to the Sessions Judge only for the purposes of Section 123, 193, 195,408,431,436,437. If a Sessions Judge rule that touts should not be admitted to the Court it would not apply to the magistracy. Subordinate means not merely subordinate so far as the regulation of work is concerned. Subordinate also means judicially inferior in rank, i. e. a Court over which another Court can proceed under Section 435. (call for records and pass orders) 9 Bom. 100. B. Presidency Towns System 1. Magistracy Section 18(1) 16. In each of the Presidency Towns, a sufficient number of persons shall be appointed to act as Presidency Magistrates. Of the number appointed for each town, one shall be appointed to act as a Chief Presidency Magistrate. Any person may be appointed to act as an additional Chief Presidency Magistrate. Section 19 17. Any two or more Presidency Magistrates may sit together as a Bench. 2. Relation of the Presidency Magistrates to the Chief Presidency Magistrate Section 21 18. He is like a District Magistrate controlling Magistrates subordinate to him. Local Government is to declare the extent of such subordination. Control: 1. Conduct and distinction of business and practice in Courts. 2. Constitution of Benches. 3. Settle times and places at which Benches shall sit. 4. Settle differences of opinion.

407THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 18. The Bombay Government has defined that Presidency Magistrate shall be subordinate to the Chief Presidency Magistrate. I Bom. L. R. 437. High Court 19. Along with these Criminal Courts, we have the High Courts of Judicature. The High Courts owe their origin to the Charter Act passed by Parliament in 1861. Section 1 empowered Her Majesty by letters patent to erect and establish High Courts for Bengal at Calcutta, for Bombay at Bombay, and for Madras at Madras. Section 9 Each of the High Courts to be established under Section 106 of this Act shall have and exercise all such Civil. Criminal, Admirality, and Vice-Admirality, Testamentary, Intestate and Matrimonial Jurisdiction, original and appellate and all such powers and authority for and in relation to the administration of justice in the Presidency for which it is established as His Majesty may grant and direct. High Court’s Power of Superintendance 3 Pat L.J. 581. 7.B. Sheonandan v/s Emperor. 1. High Court’s powers of superintendance are limited by Section 15 of the Act of 1861 (Section 107 of the Government of India Act) to Courts subject to its appellate jurisdiction. 2. But where the High Court has appellate jurisdiction, even in a modified form from an inferior Court, it will exercise superintendence over that Court, even in cases which are not subject to appeal.

408 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 3. There are three classes of cases to be considered: (a) Where a subordinate Court is subject to the appellate jurisdiction of the High Court, in certain cases, only the right of superintendence exists and its exercise is not confined to cases where a right of appeal lies to the High Court. This special power of superintendence is not as a rule exercised in cases where there is an adequate remedy by other proceedings such as appeal or revision. (b) In cases in which the High Court has powers of revision over subordinate or where the power of reference to the High Court exists, a modified form of appeal may be said to exist (c) The power of superintendency may be conferred upon the High Court by the Act constituting the subordinate Court independantly of Section 15 of the Charter Act. 4. A Court may be established without being made subject to the superintendence of the High Court. The Relation of the High Court to other Criminal Courts Section 15, 107 Each of the High Courts shall have powers of superintendence which may be subject to its appellate jurisdiction and shall have powers to call for returns etc. What are the Courts subject to its appellate jurisdiction ? Letters Patent. The High Court shall be a Court of appeal from the Criminal Courts in the Presidency. 3. Pat. L.J. 5817. B Two questions Sheonandan v/s Emperor 1. Can the High Court have power of Superintendence where it has no power of appeal but has only power of revision or reference ? 2. Can there be a Criminal Court in the Presidency which will not be subject to its power of superintendence.

409THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA The Local limits of the jurisdiction: 10. (1) of the District Magistrate is the District. 11. (2) of the Sub- Divisional Magistrate is the Sub-Division. 12. (3) of the subordinate Magistrate, such local area as the Local Government may prescribe. 14. (4) of the Special Magistrate, such local area as the Local Government may prescribe. 20. (5) of the Presidency Magistrate. Every Presidency Magistrate shall exercise jurisdiction in all places within the Presidency-town for which he is appointed and within the limits of the port of such town and of any navigable river or channel leading thereto, as such limits are defined under the law. (6) Sessions Judge—within the Sessions Division. (7) High Court. What are the powers granted by letters-patent in criminal matters. 22. The letters patent direct that High Court Jurisdiction shall be as follows:— Criminal Jurisdiction of the High Court Original Appellate Letters Patent Paras 27, 28, 29. Ordinary Extraordinary Letters Patent Letters Patent Paras 22 and 23 Para 24 23. Ordinary original Criminal jurisdiction. —High Court shall have original criminal jurisdiction within the local limits of its ordinary original civil jurisdiction. 24. Extraordinary original Criminal Jurisdiction. — High Court shall have Extraordinary Original Criminal Jurisdiction in places within the jurisdiction of any court subject to its superintendence.