Section 89 in Criminal Court Rules of the High Court of Judicature at Patna
89.
The Magistrate of district must be deemed in respect of his judicial functions and in this respect only to be subordinate to the Sessions Judge.[90. Sessions Judges are to be guided by, but not to go beyond the following instruction in communications with the Executive Magistrates.District Magistrates are to comply with all requisitions made by Sessions Judges with regard to any case appealable to or revisable by them. The District Magistrates are also to render any explanation which the Sessions Judges may require from them and to obtain and submit any explanation which Sessions Judges may require from the Executive Magistrates.] [Substituted by C.S. No. 41.][91. When the record of a proceeding in the Court of Executive Magistrates is called for by the Sessions Judge under Section 397, Criminal Procedure Code, it shall always be done through the District Magistrate. If the case relates to the Court of Judicial Magistrate, the record shall be called for from that Court.] [Substituted by C.S. No. 41.][92. Every application under Section 397 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) shall be accompanied with an affidavit stating whether an application on the same facts and against same judgment or order had been previously filed before the High Court or the Sessions Judge on behalf of all or any of the petitioners, and if so with what result.] [Substituted by C.S. No. 41.]
