Henry Thoby Princep, J.

1. In this case it appears that, on an investigation made bythe police in respect of what may be termed looting a house, one person whocould alone be apprehended, Jagira, was sent in for trial and the case was madeover to a Subordinate Magistrate who discharged Jagira. The others who werecharged in that case could not be arrested and were, therefore, not placed ontheir trial. On a representation to the District Magistrate by the DistrictSuperintendent of Police, he has thought proper to issue warrants against theseother persons in order that they might also be tried. The jurisdiction of theDistrict Magistrate to make this order has been questioned on the rule grantedby us. Cognizance was taken of the offence on the police report and the casewas made over to a Subordinate Magistrate, and so long as the case connectedwith that offence remained with the Subordinate Magistrate no other Magistratewas competent to deal with it; the case has never been withdrawn by theDistrict Magistrate for trial by himself, so that he could properly pass anorder directing proceedings to be taken against other persons. Application forthe warrants against other persons accused of that offence should have beenmade to the Magistrate before whom the case was and to no other Magistrate. TheDistrict Magistrate in his explanation in answer to this rule, seems to thinkthat the case only as against Jagira was made over to the SubordinateMagistrate for trial. But that is not so. The case regarding the offencecharged alleged to have been committed as shown in the police report was beforethat Magistrate, and he was alone competent, on the police report, to proceedagainst other persons concerned in that offence if he thought proper to do so;and no further orders from the District Magistrate were necessary or indeedcould be passed so long as the case remained in his Court. The orders of theDistrict Magistrate of the 12th August last are set aside as withoutjurisdiction, the rule being made absolute.

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Golapdy Sheikh and Ors.vs. Queen-Empress (11.05.1900 -CALHC)