THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 405
6. Relation of the different Courts in the Provincial System
Section 17 (2)
- 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.
- 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.