This case involves the problem of the scope of
People
v
Paille #1,
The people, in answer tо the motion, alleged that MCLA 726.2; MSA 27.3552, 1 and People v Paille #1, supra, deprived the pretrial judge of jurisdiction to review the decision of Judge McNally.
On August 14, 1970, the trial court denied defendant’s motion to quash for want of jurisdiction, based on People v Paille #1, supra. On December 30, 1970, the Court of Appeals entеred its order reversing the trial court and holding that People v Paille *589 #1 was not applicable. The Court of Appeals stated that MCLA 600.225; MSA 27A.225, expressly limits the power of a municipal judge temporarily assigned to Recorder’s Court, and that since these temporary judges are not judges of equal station with other Recorder’s Court judges, the need for restriction upon intra-court review does not apply.
We granted leave to appeal on March 18, 1971, and summarily reversed the order of the Court of Appeals and remanded the cause to Recorder’s Court.
The people now agree with defendant that Paille #1, supra, was either erroneous or does not apply to this situation. They further contend that if Paille #1 does apply, then the Court of Appeals was incorrect in holding that MCLA 600.225; MSA 27A.225, created an exception where a municipal judge was temporarily assigned to the Recorder’s Court.
Both parties ask for the following relief:
1. Reverse the decision in Paille #1, or limit it to the facts there presented;
2. Adopt the dissenting opinion in Paille #1.
The people further ask that if we do not adopt the relief requested above that we reverse the Court of Appeals and affirm the ruling of Hon. Henry L. Heading, Rеcorder’s Court Judge. They also seek clarification of the scope, meaning and applicability of Paille #1.
*590 The basic issue in this case is whether MCLA 726.2; MSA 27.3552, as construed in People v Paille #1, supra, prevents a judge of the Recorder’s Court of the City of Detroit, sitting as a trial judge, from reviewing the examining magistrate’s action where the magistrate is an elected Recorder’s Court judge, or a judge sitting by appointment of this Court.
In 1883 the Legislature by Local Act No 326, adopted a charter for the City of Detroit. Chapter 12 of this act continued a Recorder’s Court for the City of Detroit 2 Chapter 12, § 11, provides the jurisdiction of the Recorder’s Court:
“The said recorder’s court shall have original and exclusive jurisdiction of all prosecutions and рroceedings in behalf of the people of this State, for crimes, misdemeanors, and offenses arising under the laws of this State, and committed within the corporate limits of the city of Detroit, except in cases cognizable by thе police court of the city of Detroit, or by the justices of the peace of said city; and shall have power to issue all lawful writs and process, and to do all lawful acts which may be necessary and proper to сarry into complete effect the powers and jurisdiction given by this act, and especially to issue all writs and process, and to do all acts which the circuit courts of this State, within their respective jurisdictions, may, in like cases, issue and do by the laws of this State: Provided, That this section shall not be construed to prevent the grand jury for the county of Wayne from inquiring into and presenting indictments, as heretofore, for crimes and offenses committed within the limits of said city.”
*591
The Legislature imрlemented the provision for creation of a police court hy
“The police court shall have original and exclusive jurisdiction to hear, try and determine all criminal cases wherein the crime, misdemeanor or offense charged shall have been committed within the corporate limits of the city of Detroit * * * which crime, misdemeanor or offense would be, now or hereafter, cognizable by a justiсe of the peace if the same had been committed in any other part of this State; to entertain, conduct and dispose of all preliminary examinations into crimes, misdemeanors and offenses which shall have been committed within the corporate limits of the city of Detroit, and which may, now or hereafter, be cognizable by the recorder’s court of said city * * *
Thus, the Recorder’s Court did not, at that time, have jurisdiction to hold preliminary examinations. However, by section 10 of
“Nothing in this act shall diminish the powers, duties or jurisdiction of any municipal court of record now existing, or of the members of said court, nor as altering the practice or procedure thereof exceрt as herein otherwise provided, it being the intention that said court shall continue the same except as to the changes herein named.” MCLA 725.9; MSA 27.3949.
*592
Hence, since 1919 the Recorder’s Court has been a bifurcated court. It has all the functions the police court formerly had and also the functions of a circuit court. As our Court stated in
Moline
v
Judge of Recorder’s Court of Detroit,
“The merger of the police court with the recorder’s court created a court with dual functions as distinct in purpose as formеrly.”
Likewise, our Court recognized these dual functions in
Attorney General, ex rel. Dickinson,
v
City Election Commission of the City of Detroit,
Our Court has consistently recognized that the Recorder’s Court is not inferior to the circuit court in felony trials. As we stated in Detroit v Wayne Circuit Judge, supra, 361:
“The legislature has the constitutional right to create any court and to vest it with whatever jurisdiction it pleases, provided only that it shall be inferior to the Supreme Court. In creating the recorder’s court for the city of Detroit, it seems to have conferred upon it jurisdiction equal to the circuit court in cases involving the general criminal laws of thе State.”
In
Recorder’s Court Judge
v
Wayne Circuit Judge,
The statutory provisions also demonstrate the legislative intent that the Recorder’s Court insofar as it deals with felony trials has co-equal status with the circuit court. Thus, MCLA 726.11; MSA 27-.3561, provides in part:
“The said recorder’s court shall have original and exclusive jurisdiction of all prosecutions and proceedings in behalf of the people of this state, for crimes, misdemeanors, and offenses arising under the laws of this statе, and committed within the corporate limits of the city of Detroit, # * * and especially to issue all writs and process, and to do all acts which the circuit courts of this state, within their respective jurisdictions, may, in like eases, issue and do by thе laws of this state * * * .” 4
MCLA 726.17; MSA 27.3567, provides:
“The judge of said recorder’s court shall possess the same power to grant writs of habeas corpus, returnable before himself, and to adjudicate thereon, and do all acts in vacation touching any suit or proceeding in said court, as is now, or may be possessed by the judges of the circuit courts of the state, in matters before said circuit courts.” (Emphasis added.)
MCLA 726.24; MSA 27.3574, provides:
“All proceedings of the recorder’s court at any time before or after final judgment or sentence may be reviewed, in the same manner that like circuit court proceedings may be reviewed, and the court to which the review is taken shall proceed to an *594 adjudication in the same manner as on proceedings from the circuit courts.” (Emphаsis added.)
It is undisputed that a circuit judge may consider a motion to dismiss after the defendant has been bound over for trial. As we stated in
People
v
Karcher,
“There can be no doubt, and the people do not dispute defendant’s contention, that a circuit court has jurisdiction to consider a motion to dismiss a criminal case after the defendant has been bound over to that court upon preliminary examination by the examining magistrate. 3 Comp. Laws 1929, §17290 (Stat. Ann. §28.1016);
Barnard
v.
Judge of Superior Court of Grand Rapids,
Moreover, it was held that before the 1919 enactment, a municipal court judge could review a decision of an examining magistrate.
Barnard
v
Judge of Superior Court,
Neither People v Paille #1, supra, nor MCLA 726.2; MSA 27.3552, require a different result. MCLA 726.2; MSA 27.3552, provides in part:
“[N]o judge of said court shall review or revise any order, judgment, sentence or act of any other judge of said court, involving the personal discretion, judgment or opinion of such other judge.”
After an examining magistrate in Recorder’s Cоurt has bound the defendant over for trial, the *595 trial judge in Recorder’s Court is sitting as a circuit judge. He is passing on a new motion before him, and not reviewing the decision of a judge of an equivalent rank. People v Paille #1, supra, held that where the examining magistrate in Recorder’s Court dismissed the complaint, the prosecutor could not appeal to the Presiding Judge of Recorder’s Court. In that situation, the prosecutor’s motion was an attempt to induce one Recorder’s Court judge to exеrcise general powers of superintending control over another Recorder’s Court judge. MOLA 726.2; MSA 27.3552, was designed to prevent that result. Once the case against the defendant was dismissed by the examining magistrate, there was no action рending in Recorder’s Court. The remedy is for the prosecutor to commence a new civil action for superintending control, which must be done in the circuit court. The rule in Paille #1, supra, is thus limited to situations where the examining magistrate dismisses the complaint and does not apply in those instances where a defendant has been bound over by an examining magistrate for trial.
The Court of Appeals is affirmed and the cause is remanded to the Recorder’s Court for further procеedings consistent with this opinion.
Notes
MCLA 726.2; MSA 27.3552, provides in part:
“[N]o judge of said court shall review or revise any order, judgment, sentence or act of any other judge of said court, involving the personal discretion, judgment or opinion of such other judge.”
The Recorder’s Court for the City of Detroit was established by chapter 6 of the Detroit City Charter,
“Any police court or other court of exclusive criminal jurisdiction and not of record existing in any city by virtue of any local or special acts shall immediately after this act becomes operative in any such city by virtue of the action of its legislative body, as herein provided, be abolished and discontinued, and all the powers, duties and jurisdiction thereof, including the holding of examinations and trials and the taking of bail, shall be. exereised and performed by such municipal court of record under the provisions of this act.”
In
People
v
Rosa,
MCLA 725.9; MSA 27.3949.