MADHAVI AMMA Vs. KRISHNAN NAIR

JUDGEMENT

(1.) The revision is against the final order passed by the learned Magistrate under S.146(IB) of the Code of Criminal Procedure, endorsing the finding of the learned Munsiff to whom the matter was referred under S.146(I) of the Code. Under S.146(I-D) no appeal, review or revision will lie from the finding of the civil court given on reference. The present revision petition is therefore, not maintainable. But the learned counsel for the petitioner argues that the bar of S.146(I-D) will apply only to a revision filed against the finding entered by the civil court on reference and not to a final order passed by the Magistrate under S.145. The present order according to him is the final order passed by the Magistrate under S.145 and that being the case a revision under S.435 of the Code is permitted. I do not think the argument is correct. By means of the present revision the petitioner in effect challenges the finding of the civil court and nothing else. This he cannot do on the pretext that he is challenging only the final order of the learned Magistrate.

(2.) In the present case also what the learned counsel urges is that this revision is one under S.435 directed against the final order of the learned Magistrate under S.145. Thereby he wants this court to do the thing indirectly which is directly prohibited by the section. A revision can lie in a case where the Magistrate's order is not in conformity with the finding arrived at by the civil court. To that limited extent alone a revision can lie. Since a regularly constituted civil suit before a court of competent jurisdiction is provided under S.146(I-E) it cannot be said that the party is prejudiced by the bar of S.146(I-D). This Revision Petition is, therefore, not maintainable and it is accordingly dismissed.