Judicial subordination under CrPC depends on the statutory appellate forum, not administrative hierarchy, in special enactments.

Judicial subordination under Section 195 read with Section 340 CrPC is determined by the appellate forum provided by the governing statute, not by administrative control. Where the special statute is a self-contained code and appeals from the reference court lie only to the High Court, the reference court is subordinate to the High Court and not to the District Judge. On that basis, a District Judge cannot validly file a complaint for offences affecting the administration of justice against the reference court, because the statutory condition of subordination is not satisfied.

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Issues: Whether, for the purpose of Section 195 read with Section 340 of the Code of Criminal Procedure, 1973, the Land Acquisition Judge was subordinate to the District Judge so as to permit the District Judge to make a complaint for offences affecting administration of justice.

Analysis: The statutory scheme distinguishes between administrative subordination and the judicial subordination contemplated by Section 195(1)(b) and Section 195(4) of the Code of Criminal Procedure, 1973. A court is deemed subordinate to the court to which appeals ordinarily lie from its decrees, and that test must be applied in the context of the special statute governing the proceeding. The Land Acquisition Act, 1894 is a self-contained code, and appeals from the reference court under that Act lie only to the High Court, not to the District Judge. Consequently, the reference court cannot be treated as subordinate to the District Judge for invoking Section 340 of the Code of Criminal Procedure, 1973.

Conclusion: The complaint filed by the District Judge was not maintainable on the footing that the Land Acquisition Judge was subordinate to him; the High Court was correct in holding that the District Judge lacked jurisdiction for that purpose.

Final Conclusion: The appeal failed, and the dismissal left intact the High Court's view that proceedings under Section 340 of the Code of Criminal Procedure, 1973 had to be initiated, if at all, in accordance with the judicial hierarchy created by the special statute.

Ratio Decidendi: For Section 195(4) and Section 340 of the Code of Criminal Procedure, 1973, subordination is judicial and is determined by the appellate forum under the governing statute; where a special enactment provides an appeal only to the High Court, the reference court is subordinate to the High Court and not to the District Judge.

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