( 1 ) THIS is an application in revision against an order of a Sub-Divisional Magistrate, confirmed by the Sessions Judge, Orai, directing the applicants under Section 247 (1), U. P. Municipalities act to stop using their houses for habitual prostitution. The revision application has been filed under Sections435 and 439, Criminal P. C. When it was put up for disposal before our brother James, a preliminary objection was raised on behalf of the Municipal Board that it was not maintainable. The contention of the Board was that an order passed by a Sub-Divisional Magistrate under Section 247 (1) of the Municipalities Act cannot be revised by the High Court under Section 439, Criminal P. C.

( 2 ) THE High Court is authorised by Section 435 (1) of the Code to "call for and examine the record of any proceeding before any inferior criminal Court. " Section 439 lays down that in the case of any proceeding the record of which has been called for by itself or which has been reported for orders, the High Court may exercise any of the powers conferred on a Court of appeal by Sections423 etc. Section 247 (1), U. P. Municipalities Act is to the effect that

"when a Magistrate of the firs