MAHANTH HARNANDAN GIR Vs. BAWAN SINGH

JUDGEMENT

(1.) This is an appeal on behalf of one Mahanth Harnandan Gir against an order of the Additional District Judge of Saran to file a complaint under Section 476A, Criminal P.C., for offences under Section 471, Indian Penal Code, or for any other relevant section under Section 195, Sub-section 1, Clause (B) or (c), Criminal P.C.

(2.) It appears that the petitioner filed a suit before the Court of Small Causes on the basis of a handnote which according to the trial Court was not genuine. But the Court of Small Causes did not think it necessary to file a complaint because it thought that although it was of opinion that there had been interpolation and tampering in the body of the handnote, this was based on his own observation and opinion about which two opinions were not impossible.

(3.) As against this an appeal was filed before the District Judge under Section 476B, Criminal P.C., but as the learned Additional District Judge points out no appeal lay in this case inasmuch as originally there was no application by the appellant before the Judge of the Small Cause Court. But he himself seems to think that he had power under Section 476A to file a complaint and has acted accordingly. The chief point that arises for consideration is whether the Additional Judge's Court was a Court which could exercise jurisdiction under Section 476A, Criminal P.C. Section 476A is as follows: The power conferred on civil, revenue and criminal Courts by Section 476, Sub-section (1) may be exercised in respect of any offence referred to therein and alleged to have been committed in or in relation to any proceeding in any such Court, by the Court to which such former Court is subordinate within the meaning of Section 195, Sub-section (3), in any case in which such former Court has neither made a complaint under Section 476 in respect of such offence nor rejected an application for the making of such complaint; and, where the superior Court makes such complaint, the provisions of Section 476 shall apply accordingly.