Order The petitioner has been convicted by the learned Sub-Divisional Magistrate, Hospet, in C.C. No. 45 of 1956, under section 15(a) of the Madras Sales Tax Act and sentenced to pay a fine of Rs.400, in default to undergo simple imprisonment for two months. The conviction as well as the sentence have been confirmed by the learned Sessions Judge, Bellary, in Criminal Appeal No. 54 of 1957 on his file. As against these decisions the petitioner has come up in revision to this Court. A number of grounds have been taken in this revision petition, challenging the correctness as well as the legality of the conviction and sentence. But for obvious reasons, only one ground had been pressed before me, i.e., ground No. 1. It was contended on behalf of the petitioner that Sri G.P. Jagadeesh, the learned Sub-Divisional Magistrate, Hospet, who convicted the petitioner, had no authority to do so as his appointment as a Magistrate was not in accordance with law. It was urged that the appointment of Sri Jagadeesh was invalid as the same was made by the High Court and not by the State Government as required by section 12(1) of the Criminal Procedure Code. The aforesaid contention had not been raised in the Courts below. But as it related to the competence of the Court to try the accused, I permitted the learned counsel for the petitioner to urge the same in spite of the fact that it involved investigation of fresh facts. It is evident that the petitioner has taken up this contention without acquainting himself of the true facts. There is no substance in it. Sri Jagadeesh is a member of the Judicial service of this State. He was appointed as a Munsiff in Notification No. Ch. S. 6478 G.E. 69-55-1, dated 20th July, 1955. The former High Court of Mysore had posted him as the Munsiff and Sub-Divisional Magistrate, Hospet, as per Notification No.R.C.C. 1002/52, dated 16th July, 1956. Under Article 235 of the Constitution, it is within the competence of the High Court to post a Munsiff to any of the Courts subordinate to it. What is contended before me is that he could not have held the post of a Magistrate, unless he had been appointed as such under section 12(1), Criminal Procedure Code and that by the State Government. What is contended before me is that he could not have held the post of a Magistrate, unless he had been appointed as such under section 12(1), Criminal Procedure Code and that by the State Government. It is not the case of the petitioner that the same officer could not have held both the posts as Munsiff as well as Sub-Divisional Magistrate. Hence the only point for consideration is as to whether Sri Jagadeesh had also been appointed as a Sub-Divisional First Class Magistrate. Till the Andhra State was formed Bellary District was a part of the Madras State. A portion of the quondam Bellary District was integrated with the old Mysore State as per the Andhra State Act. The scheme of separation of the Judiciary from the Executive had been extended to the District of Bellary long prior to the Andhra State Act came into force. As per G.O. Ms. No. 4048, dated 7th November, 1952, the Governor of Madras in exercise of the powers conferred by section 12(1) and section 37 of the Criminal Procedure Code, 1898, issued a Notification. The relevant portion of the Notification is as follows: “1 (a) appoints the persons posted as Sub-Divisional Magistrates in the Districts in which the scheme of separation of the Judiciary from the Executive has been introduced, by virtue of their offices, to be Magistrates of the First Class in their respective districts, and (b) invests them with all the powers specified in the Fourth Schedule to the said Code as powers with which a Magistrate of the First Class may be invested by the State Government. 2(a) appoints the persons posted as Additional First Class Magistrates and District Munsiff cum First Class Magistrates in the Districts in which the scheme of separation of the Judiciary from the Executive has been introduced by virtue of their offices, to be Magistrates of the First Class in their respective districts, and (b) invests them with all the powers specified in the Fourth Schedule to the said Code as powers with which a Magistrate of the First Class may be invested by the State Government except . . .” By this notification the Governor was pleased to appoint every Sub-Divisional Magistrate posted to the Bellary District as First Class Magistrate. He was so appointed by virtue of his office. . .” By this notification the Governor was pleased to appoint every Sub-Divisional Magistrate posted to the Bellary District as First Class Magistrate. He was so appointed by virtue of his office. Similar is the position of the Additional First Class Magistrates and District Munsiff cum First Class Magistrates. As per section 53 of the Andhra State Act, the notification continued to be effective even after Bellary District (as it is constituted now) was integrated with the State of Mysore. If the posting of Sri Jagadeesh as Sub-Divisional Magistrate is a valid one, then he automatically gets himself appointed as First Class Magistrate by virtue of his office. The next question that comes up for consideration is as to what was the source of the power of the High Court to post Sri Jagadeesh as Sub-Divisional Magistrate or District Munsif cum First Class Magistrate, Hospet. For this we must refer to the scheme of separation of the Judiciary from the Executive as adumbrated by the Madras Government. In pursuance of that scheme the power of posting of the Sub-Divisional Magistrates and other Judicial Magistrates (in the Districts in which the separation scheme had come into effect) had been delegated to the High Court. This was done by means of a Notification under Article 237 of the Constitution. The Judicial Magistrates in the State were brought in line with other members of the subordinate Judicial service. A similar Notification had been issued by the Rajpramukh of Mysore as per Notification No. 759 Cts.1-50-4, dated 4th May, 1950. Subordinate Courts in the Bellary District came under the control and supervision of the High Court of Mysore, after the integration of the District with the State of Mysore. Consequently the High Court had power to post not merely the members of the Judicial service as such but also the Magistrates in the District. From the foregoing it is clear that Sri Jagadeesh was validly posted as a Sub-Divisional Magistrate, Hospet. By virtue of his office, he was appointed by the State Government as a First Class Magistrate of Hospet. Hence the contention raised by the petitioner is unsustainable. At the hearing of this petition Sri Ullal, the learned counsel for the petitioner, filed an application before me to treat this revision petition as an application under Article 227 of the Constitution. Hence the contention raised by the petitioner is unsustainable. At the hearing of this petition Sri Ullal, the learned counsel for the petitioner, filed an application before me to treat this revision petition as an application under Article 227 of the Constitution. It is averred in the affidavit filed in support of that petition, that for a proper decision in this case, several provisions of the Constitution are required to be interpreted. I informed Sri Ullal that I would consider the prayer made in his petition after hearing his arguments in the case. In the course of the arguments Sri Ullal had not addressed himself to the interpretation of any Article of the Constitution. All that was urged is that by issuing a notification under Article 237 the power of the Government to appoint Magistrates under section 12(1), Criminal Procedure Code, is not lost. I have considered this question in extenso. The appointment is deemed to have been made as per Government Order Ms. No. 4048, dated 7th November, 1952, issued by the Governor of Madras. There is no merit in this petition and the same is rejected. In the result, this Revision Petition fails and the same is dismissed. S.V.S. ----- Petition dismissed.