(2)It shall be in the discretion of the Superintendent to determine, with respect to any other act which constitute both a prison offence and an offence under the Indian Penal Code, whether he will use his own powers of punishment or move the Magistrate exercising jurisdiction to enquire into it in accordance with the [Code of Criminal Procedure, 1898] [See now Code of Criminal Procedure, 1973 (2 of 1974).] :
