SURBESHWAR NATH Vs. EMPEROR

JUDGEMENT

(1.) THIS Rule was obtained against an order passed under Section 476, Code of Criminal Procedure, directing certain persons to be prosecuted under Secs.186, 353, 341 and 147, Indian Penal Code. So far as the offence under Section 186, Indian Penal Code, is concerned, it appears to me that the defect in the warrant issued by the Munsiff is fatal. The Munsiff concedes that Jonepore - the village mentioned in the warrant - is not within his jurisdiction. I think it follows from that that the accused could not be guilty of an offence under Section 186, Indian Penal Code. So far as the other offences are concerned, they are not offences mentioned in Section 195, Criminal P. C., and, therefore, Section 476, Code of Criminal Procedure, appears to have no application to them. They are offences in regard to which the officers of the Court and the servants of the decree-holder may institute proceedings direct without the intervention of the Civil Court. The Rule is, therefore, made absolute and the order set aside. Suhrawardy, J.

(2.) I agree.