RAM PRASAD SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal against an order passed under Section 476, Cr. P. C., for a complaint to be filed against the appellant under Section 193, I. P. C.

(2.) A preliminary objection has been taken on behalf of the State that no appeal lies because at the present moment the order is only that a complaint be filed under Section 193, I. P. C. and actually no complaint has been filed, the appeal being provided under Section 476-B as against the filing of the complaint and not against an order directing a complaint to be filed. I am unable to agree with this contention. After the order of the court for lodging a complaint under Section 193, it is only a ministerial action which has to be performed by the office and no further order is necessary from the court. An appeal always lies from an order of the court and not from its actual execution by the office. If after the order no further order was necessary by the court then in that case how can it be said that an appeal would lie from that action. Learned Counsel has placed reliance on the case of Jagan Prasad v. State, 1957 All LJ 17 decided by a learned single Judge of this Court. But with great respect I do not agree with that decision.

(3.) There is no provision in the Code of Criminal Procedure after the passing of the order directing a complaint to be filed, for the Magistrate to take any further action, and, therefore the order that has been passed has been passed under Section 476, Cr. P. C.