DHUP NARAIN SINGH Vs. STATE

JUDGEMENT

(1.) This Bench was constituted to consider the nature of appeals filed under Section 476B, Criminal P. C. where a complaint has been, filed by a Civil Court under Section 476, Criminal P. C; in (other?) words, whether such appeals are in the nature of civil appeal or criminal appeals.

(2.) The District Judge of Shahabad filed a complaint under Section 476, Criminal P. C. against Dhup-Narain Singh under Sections 197, 199 & 471, Penal Code, (for offences?) alleged to have been committed by Dhup Narain Singh in the course of Probate Case No. 17 of 1950 (Title Suit No. 4 of 1952) in the Court of the District Judge. An appeal under Section 476B* Criminal P. C. has been filed by him in this Court.

(3.) The Court of the District Judge is undoubtedly a Civil Court and not a Criminal Court, although the District Judge in this State also exercises the powers of a Sessions Judge. When the District Judge is exercising the powers of a Sessions Judge, he is undoubtedly a Criminal Court. Section 476, Criminal P. C. has given authority to every Civil, Revenue or Criminal Court to make a complaint if it is expedient in the interest of justice, concerning any offence referred to in Section 195, Sub-section (1), Clause (b) or Clause (c), Criminal P. C. which appears to have been committed in or in relation to a proceeding in that Court. This authority or power has been given expressly by a statutory provision, although it is to be found in the Code of Criminal Procedure. The Code of Criminal Procedure is a statute, and if it contains a provision of the kind to be found in Section 476 of the Code, a Civil, Revenue or Criminal Court is entitled to proceed under it in given circumstances. When a Court, however, proceeds to act under Section 476 of the Code, it does not lose its character as a Civil, Revenue or Criminal Court, as the case may be, that is to say, a Civil Court acting under Section 476 of the Code does not cease to be a Civil Court, although it is exercising a power given to it under the Code of Civil Procedure. Similarly, a Revenue Court does not lose its character as a Revenue Court merely because it exercises a power conferred by a statute. Whatever may be thought as to the nature of proceedings under Section 476 of the Code, when such proceedings take place in a Civil Court, that Court continues to be a Civil Court and does not become a Criminal Court.