THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 459
REVISIONAL JURISDICTION
C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE
Section 115 Section 435
The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or material irregularity,
the High Court may make such order in the case as it thinks fit.
(1) The High Court or any Sessions Judge or District Magistrate or any SubD i v i s i o n a l M a g i s t r a t e empowered by the Provincial Government in this behalf, may call for and examine the record of any proceeding, before any inferior Criminal Court situated within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation. —All Magistrates, whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Session Judge