Amendment status not verified — confirm the current text below against the official source.
In section–435,- (i) in sub-section (1), the words “ or District Magistrate, or any Sub-divisional Magistrate empowered by the State Government in this behalf,” and the Explanation to the said sub-section shall be deleted; (ii) for sub-sections (2) and (4), the following shall be substituted, namely :- “(2) The District Magistrate or any Sub-divisional Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceedings before any Subordinate Executive Magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceedings of such Subordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and if the person is in confinement that he be released on bail on his own bond pending the examination of the record. ...................................................................................................................................... Bombay Separation of judicial and ExecutiveFunctions Act, 1951. 1951 : Bom. XXIII] ...................................................................................................................................... Year. No. Short title. Extent of amendment. 1 2 3 4 ...................................................................................................................................... 1898 V Code of (3) If any Sub-divisional Magistrate acting Criminal under sub-section (2), considers that Procedure any such proceeding or order is illegal 1898– contd. or improper he shall forward the record with such remarks thereon as he thinks fit to the District Magistrate. (4) The High Court may call for and examine the record of any proceeding under section 143, 144 or 145, notwithstanding the fact that such proceeding was before an Executive Magistrate”.