SOMABHAI VALABHBHAI Vs. ADITBHAI PARSHOTTAM

JUDGEMENT

(1.) The petitioner in this case prayed for an inquiry under Section 476, Criminal Procedure Code, into offences alleged to have been committed by the opponents under Sub-section 193, 209, 465, 471 and 114, Indian Penal Code. The Subordinate Judge, after holding an inquiry, directed that the opponents should take their trial before the Court of the First Class Magistrate of Nadiad for offences under Sub-sections 193, 465, 471 and 209, Indian Penal Code. The Subordinate Judge did not comply with the provisions of Section 476 of the amended Criminal Procedure Code by which the Court is directed, incase it thinks that proceedings should be taken, to make a complaint in writing signed by the presiding officer of the Court and forward the same to a Magistrate of the First Class having jurisdiction.

(2.) Against the order of the Subordinate Judge dated September 29, 1923, an appeal was filed to the Sessions Judge of Ahmedabad and under Section 476 B, Criminal Procedure Code. The Judge allowed the appeal and directed that the sanction against the appellants should be withdrawn. There again the learned Judge has not followed the provisions of Section 476 B because he should have directed withdrawal of the complaint.

(3.) From that order in effect directing withdrawal of the complaint the petitioner has filed an appeal. The first question is whether the appeal lies. We are clearly of opinion that no appeal lies under the provisions of the Code against an order made by the Court to which the Court making a complaint is subordinate.