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Judgment
4 paragraphs · 207 wordsWilliam Ayling, J.—This is a revision petition againast 0n order of the. Additional District. Magistrate of Tanjore directing, stay, of. proceedings in a criminal case before the Stationary Sub-Magistrate of Tanjore, who had previously, on application made to him, declined to stay the trial of the case.
The Additional District Magistrate says that his jurisdiction to pass the. stay order-was not questioned in argument before him. But Mr. Richmond now; definitely raises the question, and I think: it must not only be determined, but decided in his favour. Neither the learned Public Prosecutor nor the learned Vakil for the. respondent accused, in the case can point out to any provision in the Code of Criminal Procedure which would give tie District Magistrate the power to stay proceedings in a Criminal Court subordinate to him and it would appear that this Court''s power to pass such an order can only be exercised under the general powers of superintendence.
[Vide Raj Kumari Debi v. Rama Sunderi Debi 23 C. 610 : 12 Ind. Dec. 405 and Anna Ayyar v. Emperor 30 M. 226 : 6Cri. L.J. 131.]
I must hold that the order of the District Magistrate is ultra vires and it is hereby set aside.