K. Krishna Row v. P.S Seshasubramamia Iyer .

1. This is a revision petition against tan 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.

2. 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.

3. 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 the District Magistrate the power to stay proceedings in a Criminal Court subordinate to him 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.

4. [Vide Raj Kumari Debi v. Rama Sunderi Debi (1) and Anna Ayyar v. Emperor (2).] I must hold that the order of the District Magistrate is ultra vires and it is hereby set aside.

5. Order set aside.