1. This is a petition put in under Section 439 of the Criminal Procedure Code asking for revision of an order of the Joint magistrate of Tellicherry in Miscellaneous Case No. 30 of 1909 on the 16th October 1911 passed under Section 145 of the Criminal Procedure Code. The preliminary objection is taken that the Court in the exercise of its revisional powers under the Code cannot deal with orders made under that section and reliance is placed on Section 435, Clause 3, which provides that proceedings under Chapter XII are not proceedings within the meaning of that section. It is contended however on behalf of the petitioners that the Court can exercise its powers under Section 439 without calling in aid Section 435. The point has been argued at great length and most ably by Mr. Seshagiri Aiyar. He relies on the words "which otherwise comes to its knowledge "in Section 439, Clause (1) and contends that that phrase has reference to action taken by the High Court on petition in contradistinction to actirn taken when the record has been called for "by itself "in the earlier words of the section which, he contends, is limited to action by the High Court suo motu. He further relies on