ABDUL GHAFOOR Vs. RAZA HUSAIN

JUDGEMENT

(1.) IN this case an Assistant Collector of is Class acting under Section 46, Criminal Procedure Code, directed the applicants to be prosecuted under Section (sic) the INdian Penal Code. The applicants appealed to the learnt d District Judge of Banda for revoking the sanction. The application was rejected by the learned District Judge and the order of the Assistant Collector was confirmed. The applicants came to this Court in revision on the criminal side. The learned Vakil for the opposite party, relying en the Full Bench ruling of this Court in IN the matter if the petition of Bhup Kunwar 23 A. 249 : 1 Cr. L.J. 73 : A.W.N. (1904) 15, contends that the High Court has no jurisdiction in the exercise of its revisional powers on the criminal side, under Section 439 of the Code of Criminal Procedure, to interfere with such orders. The Full Beech Ruling in the case referred to is binding upon me. The learned Vakil for the applicants prays that permission may be given to him to alter the application into a Civil revision inasmuch as the order passed by the Assistant Collector of 1st Class is based on the statements of the witnesses who were not allowed to be cross-examined by the applicants. IN Chota Sadoe Peadah v. Bhoobun Chuckerbutty 9 W.R. 3 Cr. it was laid down that the preliminary inquiry need not be held in the presence of the accused, and in Queen-Empress v. Matabadal 15 A. 392 it was ruled that when a Magistrate takes action under Section 476 of the Code of Criminal Procedure, it is not necessary to the validity of his order that he should hold a preliminary inquiry. I am, therefore, of opinion that the Magistrate, in refusing to give the applicants an opportunity to cross-examine the witnesses, did not act in the exercise of his jurisdiction illegally or with material irregularity. For the above reasons I reject the application.