Section 64 in The Punjab Separation of Judicial and Executive Functions Act, 1964
64. In section 435, -
(i)in sub-section (1), for the words "or District Magistrate, or any Sub-divisional Magistrate empowered by the State Government in this behalf", the words "or Chief Judicial Magistrate" shall be substituted; and(ii)for sub-sections (2) and (4), the following sub-sections 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 proceeding 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.(3)If any Sub-divisional Magistrate acting under sub-section (2) considers that any such proceeding or order is illegal 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 sections 118, 122, 143, 144 or 145, notwithstanding the fact that such proceeding was before an Executive Magistrate.(5)If an application under sub-section (1) has been made either to the Sessions Judge or the Chief Judicial Magistrate no further application shall be entertained by the other of them."
