462 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE
Section 437 — contd.
upon the matter of which he has been, in the opinion of the Sessions Judge or District Magistrate, improperly discharged :
Provided as follows:—
(a) that the accused has had an opportunity of showing cause to such Judge or Magistrate why the commitment should not be made ;
(b) that, if such Judge or Magistrate thinks that the evidence shows that some other offence has been committed by the accused, such Judge or Magistrate may direct the inferior Court to inquire into such offence.
Section 438
(1) The Sessions Judge or District Magistrate may, if he thinks fit, on examining under section 435 or otherwise the record of any proceeding, report for the orders of the High Court the result of such examination, and, when such report contains a recommendation that a sentence be reversed or altered, may order that the execution of such sentence be suspended, and, if