BAHADUR Vs. ERADATULLAH MALLICK

JUDGEMENT

(1.) Two questions have been referred to us for decision in this Rule, namely: (i) Whether the expression "Court" in Section 476 of the Criminal Procedure Code means merely the Judge before whom the alleged offence has been committed, or to whose notice the commission of the alleged offence has been brought in the course of a judicial proceeding? (ii) Whether an execution proceeding is a "judicial proceeding" within the meaning of Section 476 of the Criminal Procedure Code?

(2.) Upon a careful consideration of the cases mentioned in the order of Reference, as also those cited at the bar, and upon an examination of the language of Section 476 of the Criminal Procedure Code, we are of opinion that there is nothing in that section to warrant our withholding from the word "Court" its natural meaning with the sense of continuity this implies notwithstanding any change of officers.

(3.) We are of opinion that the first question ought to be answered in the negative.