NANUKUTTAN MOOTHATH Vs. DISTRICT MUNSIFF ETTUMANUR

JUDGEMENT

(1.) The Munsiff of Ettumanoor, having found a claim made before him by the appellant to be false, ordered him to be prosecuted under S.209 of the Indian Penal Code. Before any complaint was actually made as per that order, this appellant preferred an appeal before the Additional District Judge, Kottayam, impleading the Munsiff of Ettumanoor as the respondent thereto. The order appealed against was obviously one under S.195 of the Criminal Procedure Code, against which no appeal is shown to have been provided for by any statute.

(2.) S.476-B Criminal Procedure Code, 1898, reads:

(3.) Under this section an appeal shall lie only at the instance of a person against whom a complaint has been made, and the parties to the appeal shall be the parties to the case itself and not the judicial officer who made the order under S.195, Criminal Procedure Code. Before a complaint is actually made, no appeal is contemplated in the abovesaid section. And further, the appeal as framed by this appellant, against a judicial officer in respect of an order made in his judicial capacity, does not lie. The appeal was absolutely misconceived. The Additional District Judge dismissed the appeal for non prosecution and dismissed also an application subsequently made for its restoration. This Civil Miscellaneous Appeal is against the last mentioned order. As the appeal itself is found to be misconceived, there is no merit in this Civil Miscellaneous Appeal. It is dismissed, but as there is no appearance for the respondent I do not make any order as to costs.