JAGAN PRASAD Vs. STATE AND OTHERS

JUDGEMENT

(1.) This appeal is directed against an order dated 9th Feb. 1954, passed by the Additional Sessions Judge, Mathura, directing that a complaint under Sec. 211, Indian Penal Code be lodged against Jagan Prasad.

(2.) It appears that a dacoity case was started against Munshi Ram, Gopal Prasad and some other persons on the report of Jagan Prasad. The learned Additional Sessions Judge who decided this case was of the opinion that Munshi Ram and Gopal Prasad had been falsely implicated in the case on account of the enmity which existed between them and the complainant Jagan Prasad. He, therefore, acquitted them. Thereafter, a complaint was made by Munshi Ram and Gopal Prasad under Sec. 476, Civil Procedure Codefor the prosecution of Jagan Prasad under Sec. 211, Indian Penal Code and it was on that application that the order against which the present appeal has been filed, was passed by the learned Judge.

(3.) It appears to me that the present appeal is not maintainable under Sec. 476-B, Civil Procedure Code. According to this Sec. an appeal can be filed against an order of the lower court refusing to make a complaint under Sec. 476 or 476-A, or by a person against whom the complaint has already been made. This Sec. does not provide for an appeal against an order directing the filing of the complaint where the complaint itself has not been made in pursuance of that order. In the circumstances the appeal is premature and is not maintainable.