GOVINDAN KUNJURAMAN ASSARI Vs. KRISHNAN NAIR CHELLAPPAN NAIR

JUDGEMENT

(1.) The first defendant is the revision petitioner. The revision petition is from an order according sanction to the plaintiff to prosecute the defendants for an offence under S.188 of the Indian Penal Code, i.e., for disobeying an order of injunction issued by the court restraining the defendants from putting up any new building on the suit property. A preliminary objection was raised on behalf of the respondent to the effect that the order passed by the court below is an appealable order and that, therefore the revision petition is not maintainable. I do not think that there is any substance in the preliminary objection. The order purports to be one relating to an offence coming under S.195(1)(a) of the Code of Criminal Procedure. Such an order is not appealable. S.476B provides for appeals from orders under S.476 and S.476-A. What is provided in S.476-B is that:

(2.) Coming to the merits of the revision petition it is clear that the order of the court below is wrong. In the first place, I do not think that refusal to comply with an order of injunction issued by a civil court is an offence that comes under S.188 of the Indian Penal Code. That section reads thus:-

(3.) Even if the case comes under S.188 of the Penal Code the proper procedure to be followed under S.195(1)(a) of the Code of Criminal Procedure is for the public servant himself or for some other public servant to whom he is subordinate to make the complaint and not to direct a third person to make the complaint. S.195(1)(a) reads thus:-