RAJ NARAIN Vs. JAGAT NARAIN AND OTHERS

JUDGEMENT

(1.) A prelimi­nary objection has been raised in this Civil Revision on behalf of Mile opposite party. The objection is that the Civil Revision is not competent inasmuch as orders passed by Civil courts under Section 146 of the Code of Criminal Procedure cannot be called in question by way of appeal or revision

(2.) BRIEFLY stated, the relevant facts for determining the above controversy are as follows: -

(3.) LEARNED counsel for the applicant also placed reliance on the aforesaid case reported in A.I.E. 1966 S.C. 1888, in which it has been held that proceed­ings before a learned Munsif under Sec­tion 146, Cr.P.C. are Civil proceedings amenable to the exercise of jurisdiction under Section 24 of the Code of Civil Procedure. Learned counsel argued that if the proceedings before the learned Munsif under Section 146, Cr. P.C. are Held to be civil proceedings, then it follows as a necessary corollary that a Revision would also lie under Section 115 of the Code of Civil Proce­dure. Precisely, this argument was raised in the aforesaid decision of the Supreme Court. In paragraph 5 of the judgment, their Lordships of the Sup­reme Court expressly repelled this very argument and held that an appeal or Revision against an order under Section 146(I-D) of Cr.P.C. is specifically ex­cluded because of the provision of that section of the Cr.P.C. Irrespective, therefore, of whether the proceedings before the learned Munsif were civil proceedings or not, it is now establish­ed law that the order is not amenable to appeal or revision. I therefore, hold that this Revision in not maintainable.