Tej Ram And Ors. vs Harsukh on 10 August, 1875
5. A reference to Clause 29, Letters Patent, of the Allahabad High Court shows that the proceedings in all criminal cases before the High Court in the exercise of its ordinary original criminal jurisdiction were regulated by the procedure and practice which was in use in the High Court of Judicature for Port William in Bengal, immediately before the date of the publication of the Letters Patent, subject to any law which has been or may be made in relation thereto by competent legislative authority for India ; and the proceedings in all other criminal cases were regulated by the Code of Criminal Procedure, prescribed by an Act passed by the Governor-General in Council, and by Act No. XXV [25] of 1861, or by such further or other laws in relation to criminal procedure as may have been or may be made by such authority as
aforesaid. Thus, the Letters Patent of the Allahabad High Court provided that the power of the High Court in criminal matters could be limited by laws passed by competent legislative authorities. In view of the above provisions contained in Sections 9 and 15, Indian High Courts Act, 1861, and Clause 29, Letters Patent, Allahabad the view taken in the Allahabad Cases arising under the High Courts Act and the Letters Patent was that the power of superintendence possessed by the High Court did not enable the High Court to interfere with the Judicial orders of subordinate Courts acting within the sphere of their jurisdiction. Vide Tej Ram v. Harsukh, 1 ALL.