YUSUF ALI KHAN Vs. LACHMI MANI DASSI

JUDGEMENT

(1.) Shrimati Lachmi Mani Dassi applied for the enforcement of a decree against Yusuf Ali Khan about the construction of a wall. The Court bailiff was deputed to have that wall constructed. He returned without doing so and submitted a report to the learned Munsif of Cawnpore, that Yusuf Ali Khan and certain other persons had obstructed him in the discharge of his duty. He accordingly prayed that proceedings be initiated against Yusuf Ali Khan under Section 186, I.P.C. This report was apparently made under Section 195 (a), Criminal P.C. The Munsif held a preliminary enquiry and came to the conclusion that no complaint should be filed against Yusuf Ali Khan. He accordingly rejected the application of the Amin. On an appeal being preferred to the learned District Judge of Cawnpore, he reversed the order of the Munsif and has directed the prosecution of Yusuf Ali Khan under Section 186, I.P.C. An appeal has been preferred to this Court. A preliminary objection has been taken that no appeal lies.

(2.) We are clearly of opinion that this objection is well-founded and ought to be sustained. The complaint made by Mr. Allsop was not under Section 476, Criminal P. C, because Section 476 does not embrace within its fold an offence under Section 186, I. P.C. Mr. Allsop evidently intended to proceed, and did proceed under Section 195 (a), Criminal P.C. The question which arises in this appeal is that where an appellate Court in the exercise of its authority under Section 195 (1) (a), Criminal P. C, has directed the institution of a complaint under Section 186, I. P. C, is the said order open to appeal. We do not find anything in Section 195, Criminal P. C, or in any other section of the Code and we wonder the filing of a second appeal in this Court.

(3.) We accordingly hold that no appeal lies. We dismiss the appeal with costs including fees on the higher scale. The stay order will be discharged.