[1] The Public Prosecutor had written a letter dated 28 June 2010 to the Deputy Registrar of the High Court Criminal Division of the High Court pursuant to s. 323 of the Criminal Procedure Code for the hearing of an application for revision by me of the learned Magistrate's decision made on 25 May 2010. The learned Magistrate's decision was to allow the counsel for the accused persons the right to cross-examine the deponents whose depositions were being taken under s. 40A of the Immigration Act 1959/63 .

[2] It is pertinent at this juncture to reproduce the portions relevant to this judgment, of all five (5) sections of Chapter XXX1 of the Criminal Procedure Code :

Section 323 Power to call for records of subordinate Courts

(1) A Judge may call for and examine the record of any proceeding before any subordinate Criminal Court for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of that Subordinate Court.

Section 324 Power to order further inquiry

(1) On examining any record under section 323 or otherwise, a Judge may direct the Magistrate