BANKEY LAL Vs. RAMPADARATH SINGH

JUDGEMENT

(1.) This is an appeal under Section 476-B, Criminal P.C. from an order of the District Judge of Muzaffarpur ordering the prosecution of the appellant for an alleged offence under 8. 199, I.P.C., said to have been committed in connexion with a rent appeal pending in the Court of the said District Judge. The appellant is the servant of Babu Umashankar Prasad, who was plaintiff in the suit out of which the appeal arose and was the appellant in the appeal. The respondent was one Rampadarath who happens to be a Head Constable, and at the time relevant to the present prosecution was employed in charge of the Company Bagh town outpost in the district of Bhagalpur.

(2.) The rent appeal which was presented on 20 July and registered on 26 July 1932 was fixed for 30 August 1932, for appearance and notice was directed to issue on the respondent at his home address, village Gokhulpur in Hajipur Subdivision and Munsifi. The notice was delivered to a peon of Hajipur Munsifi for service, who returned it with a report that it had been served personally on the respondent in village Gokhulpur. The respondent not appearing on the date fixed, the District Judge called for proof of service and the appellant on 12 September 1932 swore an affidavit which was attested by the sarishtadar of the Hajipur Munsifi. In the affidavit he alleged that in his presence the peon made personal service on the respondent who refused to take the notice and give a receipt.

(3.) Eventually the respondent appeared on 26 November 1932 alleging that he had somehow come to learn of the presentation of an appeal. He put in his vakalatnama and at the same time prayed that the prosecution of the appellant might be directed. On this after calling on the appellant to show cause, the District Judge has ordered a complaint to be filed against him.