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Judgment
In the case of Rama Aiyar v. Venkatachella Padayachi ILR (1907) M. 311 it was held that a District Judge h ad no jurisdiction to order further
inquiry by a District Munsif in regard to a matter dealt with by him u/s 195, Criminal Procedure Code. It was held that such jurisdiction was not
inherent, because not incidental to the proper exercise of the powers given to the District Court by the section, nor were they given by any section
of the Civil or crimnal Procedure Codes. Though that was in a Civil Court and the present case arose in a Criminal Court, we think the same
reasoning must be held applicable. The power to take, or call for, further evidence, given by Section 428, Criminal Procedure Code, is expressly
limited to appeals under that chapter, i.e., under Chapter 31 of the Code. Section 195 is not part of that chapter, nor does the section itself give
any power to call for further evidence.
We must, therefore, hold that the District Magistrate had no power to make the order calling for further evidence. We set aside the order and
direct the District Magistrate to restore the case to his file and deal with it according to law.