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Judgment
Stevens and Harington, JJ.—This Rule was granted to show cause why a Magistrate of the first class specially empowered to hear appeals from Subordinate Magistrates should not be directed to hear this appeal with reference to the order passed by the Subordinate Magistrate u/s 522 of the Code of Criminal Procedure.
The Magistrate exercising appellate powers was of opinion that he had no power to interfere with an order u/s 522 under the ruling of this Court in the case of Bam Chandra Mistry v. Nobin Mirdha I. L. R. (1898) Cal. 630. That ruling is, however, obsolete, having reference to Act X of 1882, the Code of Criminal Procedure-then in force. Clause (d) of Section 423 of the present Code of Criminal Procedure provides for the making by an Appellate Court of any consequential or incidental order that may be just or proper.
The Rule is made absolute.
The case will go back to the Appellate Court to be dealt with as regards the order u/s 522 of the Code of Criminal Procedure.