Judgment G. K. SHARMA, J. ( 1 ) THIS is a reference by the Sessions Judge, Jaipur City, Jaipur vide his order, dated, 23rd September, 1982. ( 2 ) ON the report of Ishwar Singh Nathawat 29th July, 1982 a case under Section 302 Indian Pena Code was registered against Giriraj and others at police station Sodala. During the investigation of the case, the appellants Giriraj, Lokesh, Ram Singh and Shashi Paliwal surrendered before the Judicial Magistrate No. 4, Jaipur District Jaipur. Who sent them to police custody. These applicants submitted an application for bail under section 439 Criminal Procedure Code before the Sessions Judge, Jaipur City, Jaipur. The learned Public Prosecutor raised on objection that the Court of Judicial Magistrate No. 4, Jaipur District, Jaipur is under the administrative control of Sessions Judge, Jaipur District, the case in hand can be committed by the Judicial Magistrate No. 4, Jaipur District, Jaipur to the Court of Sessions Judge, Jaipur District Jaipur only and in this view the bail application filed by the applicants does not lie in this court and the Sessions Judge. Jaipur City, Jaipur has no jurisdiction to dispose of this bail application. On the objection the Sessions Judge board both sides and made this reference on the following points: 1. Whether the Chief Judicial Magistrate Jaipur City can- transfer the cases arising out in a Police Station which comprises some area of Jaipur City and some of Jaipur District, from the Court of Judicial Magistrate, Jaipur City to the Court of Judicial Magistrate Jaipur District when none of them has jurisdiction to try and inquire into cases, which do not arise in one Sessions Division or another Sessions Divisions only? 2. Whether the Judicial Magistrate No. 4, Jaipur District or any other Magistrate in Jaipur, District who is under the administrative control of Sessions Judge, Jaipur District can commit the Sessions cases to two different Sessions judges without I having any power to inquire into such cases? 2. Whether the Judicial Magistrate No. 4, Jaipur District or any other Magistrate in Jaipur, District who is under the administrative control of Sessions Judge, Jaipur District can commit the Sessions cases to two different Sessions judges without I having any power to inquire into such cases? ( 3 ) WHETHER die appeals and revisions against the order of Judicial Magistrate No. 4, Jaipur District or any other Magistrate under the administrative control of Sessions Judge, Jaipur District would lie to the court of Sessions Judge Jaipur City merely because the offence has been committed within the jurisdiction of his Sessions Division or the Police Station which has filed challan in such cases, is situated in Jaipur City? 3. I have heard at length the learned counsel Shri N. C. Chaudhary, Shri R. P. Garg for the complainant and learned Public Prosecutor. ( 4 ) THE learned Sessions Judge found this matter to be a complicated one and he made this reference. While going through the reference order as well as the provisions of Criminal Procedure Code, I find that there is no complicacy in this matter. The whole question is under whose jurisdiction the offence has been committed. The place of incidence in whether with in the jurisdiction of the Sessions Judge, Jaipur City or within the jurisdiction of Sessions Judge, Jaipur District Jaipur, this can very well be verified by the Sessions Judge himself from the fact that to what extent or place his jurisdiction extends. Apart from this what are the powers of the Chief Judicial Magistrate, that can also be impugned and looked into from the Code of Criminal Procedure. ( 5 ) ACCORDING to Code of Criminal Procedure, there will be a Court of Sessions and according to Section 9 of the Criminal Procedure Code the State Government shall establish a Court of Sessions for every Sessions Division. Sessions Judge, of every Sessions Division will be appointed by the High Court. The Court of Sessions Judge shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify. Now the High Court under its power under section 9 (1) Criminal Procedure Code have established Sessions Court at Jaipur City and in the Notification No. F. 17 (3) Justice/76/28. 3-77 two Sessions Divisions have been created in the Revenue District Jaipur. Now the High Court under its power under section 9 (1) Criminal Procedure Code have established Sessions Court at Jaipur City and in the Notification No. F. 17 (3) Justice/76/28. 3-77 two Sessions Divisions have been created in the Revenue District Jaipur. One Sessions Division in for Jaipur City and the other Sessions Division as Jaipur District. Thus the jurisdiction of Sessions Judge Jaipur City is confined to Jaipur City only. While the jurisdiction of Sessions Judge, Jaipur District is confined to Jaipur District excluding Jaipur City. Jaipur City according to notification by the Local Self Government is extended to the Municipal limit of the Jaipuir City. Thus Sessions. Judge, Jaipur City has jurisdiction over that area which falls within the Municipal limit of Jaipur City. Beyond that City limit the jurisdiction of Sessions Judge, Jaipur District starts. It is also necessarily to mention that. Police Station, Sod ala was previously on a Sodala Police Chowki. The Sodala Police Chowki was under the control of Sadar Police Station, Jaipur City. This Sodala Chowki has been raised to Police Station, Sodala. The jurisdiction of Police Station, Sodala has been defined by the Home Department. It is not disputed that some area within the Municipal limit is under this police station Sodala and the Police Station, Sodala has jurisdiction over the area beyond municipal limit. Thus Police Station, Sodala come under the jurisdiction of Jaipur City as welt as Jaipur District. Both the Sessions Judges have jurisdiction over die Police Station, Sodala. Some cases which pertains to the area within the municipal limit will be tried by the Magistrate having jurisdiction over that area. That Magistrate in case of Sessions trial will commit the case pertaining to the area within municipal limit to the court of Sessions Judge, Jaipur City though the Police Station is Sodala. Similarly the Magistrate having jurisdiction over the area beyond Municipal limit which comes under Police Station, Sodala will try the cases of that area submitted by the Police Station, Sodala and similarly will commit those cases for trial to lie the Sessions Judge, Jaipur District. Similarly the Magistrate having jurisdiction over the area beyond Municipal limit which comes under Police Station, Sodala will try the cases of that area submitted by the Police Station, Sodala and similarly will commit those cases for trial to lie the Sessions Judge, Jaipur District. As the work load of the cases in Jaipur City was heavy, the Chief Judicial Magistrate vide his order, dated, 28th April, 1982 ordered Bajaj Nagar, Police Station to be under the Judicial Magistrate No. 1 Jaipur District, Jaipur and Police Station, Sodala under Judicial Magistrate No. 4, Jaipur District, Jaipur inspite of the fact that Police Station, Bajaj Nagar and Police Station, Sodala has jurisdiction on that area which falls within the municipal limit and which is under the jurisdiction of Sessions Judge, Jaipur City. Inspite of this Chief Judicial Magistrate passed this order that Police Station, Sodala would be under Judicial Magistrate No. 4, Jaipur District Jaipur and Police Station, Bajaj Nagar would be under Judicial Magistrate No. 1, Jaipur District Jaipur. It has been contended by Mr. Chaudhary that Chief Judicial Magistrate has no authority and he has no jurisdiction to pass this order dated 28th April, 1982. The Chief Judicial Magistrate is only for Jaipur City and he is not empowered to put any Police Station under any Magistrate over whom he has no control. The Judicial Magistrate No. 1 and 4, of Jaipur District, Jaipur are not under in his control. So the order issued by him is illegal. ( 6 ) CHIEF Judicial Magistrate is appointed under section 12, Criminal Procedure Code. This section says that in every District the High Court shall appoint a Judicial Magistrate of the First Class to be the Chief Judicial Magistrate. The work in every District are very important. The District means Revenue District and not the Sessions Division. So for whole Jaipur Revenue District, which includes two Sessions Divisions there will be only one Chief Judicial Magistrate and the High Court has appointed as such under section 12, Criminal Procedure Code. Section 15, Criminal Procedure Code says that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge and every other Judicial Magistrate shall subject to the general control of the Sessions Judge be subordinate to the Chief Judicial Magistrate. Section 15, Criminal Procedure Code says that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge and every other Judicial Magistrate shall subject to the general control of the Sessions Judge be subordinate to the Chief Judicial Magistrate. Sub-clause (2) of the Section 15 says that the Chief Judicial may, from time to time make rules or give special orders consistent with this Code as to the distribution of business amongst the Judicial Magistrate subordinate to him, Thus, the Chief Judicial Magistrate who is incharge of the whole District has power to distribute the work amongst Judicial Magistrates subordinate to him. Peculiar circumstances here that in this Revenue District, Jaipur there are two Sessions Divisions. The Sessions Divisions have been created and established by the High Court. Both have their sitting places at Jaipur. One Sessions Judge is for Jaipur City only (within municipal limit Jaipur City) and other Sessions Judge for Jaipur District except the Municipal limit of Jaipur City. But there is no provision in the Code of Criminal Procedure that there will be more than one Chief Judicial Magistrate in a District. Though in Jaipur Revenue District there are two Sessions Judges on account of two Sessions Divisions but the Chief Judicial Magistrate is only one. There is no separate Chief Judicial Magistrate for Sessions Division Jaipur District Jaipur. No doubt an officer has been posted and he is Additional Chief Judicial Magistrate, Jaipur District Jaipur. This is find that Jaipur Revenue District though comprises two Sessions Divisions but has only one Chief Judicial Magistrate and the other Magistrate as Additional Chief Judicial Magistrate. It is important to note that this Additional Chief Judicial Magistrate has not been given the power to control make rules or give special orders or pass orders distributing the work amongst the Judicial Magistrates as the Power being exercised to the Chief Judicial Magistrate. So it is clear that the Judicial Magistrates are not under the Additional Chief Judicial Magistrate but they are subordinate to Chief Judicial Magistrate only and the Chief Judicial Magistrate in the Revenue District is only one. He is according to Section 15, Criminal Procedure Code empowered to distribute business amongst the Magistrates working in the Jaipur Revenue District. So it is clear that the Judicial Magistrates are not under the Additional Chief Judicial Magistrate but they are subordinate to Chief Judicial Magistrate only and the Chief Judicial Magistrate in the Revenue District is only one. He is according to Section 15, Criminal Procedure Code empowered to distribute business amongst the Magistrates working in the Jaipur Revenue District. One may say that the Judicial Magistrates working under the Sessions Division Jaipur District are not subordinate to the Chief Judicial Magistrate, I do not agree with this. No doubt there are separate Sessions Divisions. There are separate Sessions Judges. They have control over the Judicial Magistrates working within their Sessions Divisions. But Chief judicial Magistrate has full power or authority to control the Judicial Magistrates working in both Sessions Divisions or say working in Revenue District Jaipur. As such the order dated, 28th April, 1982 issued by the Chief Judicial Magistrate putting Police Station, Sodala under the control of Judicial Magistrate No. 4 and Police Station, Bajaj nagar under Judicial Magistrate No. 1 Jaipur is not an illegal. It is perfect order issued under the authority of Section 15, Criminal Procedure Code. ( 7 ) NOW the position becomes very clear, the incidents happened within the jurisdiction of Police Station, Sodala which is controlled by Jaipur District, Jaipur and the accused petitioners were to be produced before Judicial Magistrate No. 4, Jaipur District Jaipur only. There is no question of producing the accused persons before any Judicial Magistrate of Sessions Division Jaipur City. In face of the order of the Chief Judicial Magistrate dated 28. 4. 1982, the Judicial Magistrate No. 4 Jaipur District, who is under the control of the Sessions Judge Jaipur District Jaipur will commit accused if he found so, to the Court of Sessions Judge, Jaipur District, Jaipur. It is stated that the learned Magistrate has already committed accused persons for trial before the court of Sessions Judge, Jaipur District Jaipur. The Judicial Magistrate No. 4 Jaipur District Jaipur cannot commit accused persons to the court of Sessions Judge, Jaipur City because he is not working under him. So the commitment order by the learned Judicial Magistrate No. 4 to Sessions Judge, Jaipur District, Jaipur is correct and is not illegal. The Judicial Magistrate No. 4 Jaipur District Jaipur cannot commit accused persons to the court of Sessions Judge, Jaipur City because he is not working under him. So the commitment order by the learned Judicial Magistrate No. 4 to Sessions Judge, Jaipur District, Jaipur is correct and is not illegal. ( 8 ) I may like to write that there was no occasion to file a bail application under Section 439, Criminal Procedure Code before the Sessions Judge, Jaipur City, Jaipur. At that time either the case was pending with the learned Judicial Magistrate No. 4, Jaipur District, Jaipur not might have been committed to the Sessions Judge, Jaipur District, Jaipur. Whatever may be the position the bail application should have been submitted before the Sessions Judge, Jaipur District, Jaipur who had administrative control over Judicial Magistrate No. 4, Jaipur District, Jaipur. With these observations now I reply to the points referred to this court by the Sessions Judge, as under: (i) About point No. 1, as observed above, Chief Judicial Magistrate can transfer the cases arising out in any police station, which comprises some area of Jaipur City and some of Jaipur District. (ii) About point No. 2, this needs no answer. The learned Sessions Judge can himself apply his mind to this point raised by him. However, the Judicial Magistrate No. 4, Jaipur. District or any Magistrate in Jaipur District who is under the control of Sessions Judge, Jaipur District, Jaipur can commit a Sessions case to him only and not the Court of Sessions Judge, Jaipur City. (iii) The appeals and revisions against the order of Judicial Magistrate No. 4 Jaipur District, Jaipur or any other Magistrate under administrative control of Sessions Judge, Jaipur District, Jaipur shall lie to the court of Sessions Judge, Jaipur District, Jaipur only. ( 9 ) THE reference is answered accordingly. The trial of the case has been stayed by this court, the stay order is vacated. The trial court is directed to proceed with the trial of case. Reference answered accordingly.