Provisional Scheme for the Separation of Judicial and Executive Functions of Magistrates in the United provinces

the possibility of the course of justice being deflected because of the dual capacity of the District Magistrate The District Magistrate is said to be the head of the police and therefore in a sense the director of all proiesutioos an i he and his subodinate magistrates are in another capa !ity judges between the Crown and the accused. [...] 4. A fear has been expressed that any scheme of separati:m of judicisl and executive functions of magistrates will have the eiect of weakening the authority of the District Magistrate and the officers subordinate to him in regard to the maintenance of law and order. [...] He will continua to be the head of the criminal administration of the district as provided in paragraph 6 of the Police Regulations and in that capacity will control and direct the ir.-!tion of the police. [...] The District Magistrate may however in particular cases or class of cases &met the police to submit the charge-sheet direct to the Court of the Judicial Magistrate. [...] (2) Power to order the police to investigate an offence in cases in which the Magistrate has jurisdiction to try or commit for trial section 155 Ill.—Ordinary Powers of a Magistrate of the First Class (1) The ordinary powers of a Magistrate of the secoad class exercisable by an Executive Magistrate.