RATAN LAL Vs. HAFIZ ABDUL HAI

JUDGEMENT

(1.) This is a civil revision, as the only question which may arise is that of jurisdiction. On facts the decision of the Additional District Judge of Meerut is binding.

(2.) An Assistant Collector of the First Class granted sanction for the prosecution of Hafiz Abdul Hai under certain sections of the Indian Penal Code. He appealed under Section 476-B, Criminal P.C. and filed the appeal in the Court of the Additional District Judge of Meerut sitting at Muzaffarnagar. That Judge allowed the appeal, and hence the complainant has come hero in revision. Two points are raised to prove want of jurisdiction of the lower appellate Court: 1. That in a case like the present no appeal lay under Section 476-B; and 2. That the Additional District Judge of Meerut sitting at Muzaffarnagar had no jurisdiction to receive the appeal.

(3.) A third point was raised that the transfer to the Court of the Temporary Additional Judge was invalid. This argument may be easily disposed of. If the appeal was validly filed in the Court of the Additional District Judge, the District Judge of Meerut had authority under Section 24, Civil P. C, to transfer the appeal to the Court of the Temporary Additional District Judge.