LOKMAN Vs. HALKU

JUDGEMENT

(1.) 1. The applicant Lokman applies in revision against the order of the Additional District Judge, Saugor, filing a complaint against him in respect of offences said to have been committed in the conduct of a civil suit. An application Under Section 476, Criminal P.C., was originally made by the; non-applicant in the Court of Small Causes, Saugor, in which Court the offence complained of is said to have taken place. That Courtdeclined to make a complaint, but that decision was reversed in an appeal made to the Additional District Judge. It is contended in revision that in entertaining and allowing the appeal the Additional District Judge acted without jurisdiction and that the only Court competent: to hear the appeal was the Court of the District Judge, Jubbulpore. It is settled law that, in respect of offences committed in Courts of Small Causes and orders passed in respect of complaints made or refusal to make complaints Under Section 476, Criminal P.C., by such Court, an appeal lies not to the High Court but to the Court of the District Judge to which Court, within the meaning of Section 195, Sub-section (3), Criminal P.C., the Court of Small Causes is held to be subordinate: Chidda Lal v. Bhajan Lal 1917 All 405 and In re Ram Prasad Malla (1910) 37 Cal 13. The only point for determination then is whether an appeal from the order of the Court of Small Causes, Saugor, should lie to Additional District Judge, Saugor, or to the District Judge, Jubbulpore. It is contended that the words, to the principal Court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such civil Court is situate in Sub-section (3), Section 195, Criminal P.C., can have reference only to the District Court situated at Jubbulpore. The Court of Small Causes at Saugor is situated in the civil district of Jubbulpore which comprises the Revenue Districts of Mandla, Jubbulpore and Saugor. In this civil-district the Courts having original civil jurisdiction are those of subordinate judges of the second class, Subordinate Judges of the first class and the District Court. The principal Court then having ordinary original civil jurisdiction is the District Court. The argument that the principal Court having ordinary original civil jurisdiction in this area is the Court of the District Judge situated at Jubbulpore and that the Court of the Additional District Judge sitting at Saugor is inferior to it and therefore incompetent to entertain the appeal is apparently based on the fact that -the latter Court is popularly described as the Court of the Additional District Judge, Saugor. The appeal certainly lies to the District Court, and the Judge of the District Court sits at Jubbulpore. The jurisdiction of the Additional District Judge sitting at Saugor is that of the District Court under the provisions of Section 26,Sub-section (1), Central Provinces Courts Act. The Local Government isempowerd to appoint one or more additional Judges to any District Court and such Additional Judge exercises the jurisdiction of the Court to which he was appointed and exercises the powers of the Judge of the District Court. The correct appellation of the Judge who decided this appeal is Additional Judge to the Court of the District Judge, Jubbulpore, sitting at Saugor, and the appointment of the Judge is gazetted in those terms.

(2.) THE appeal therefore was made in the principal Court having ordinary additional jurisdiction in the Jubbulpore District, and the Additional Judge had jurisdiction to hear the appeal. His jurisdiction is subject only to any general or special orders of the Local Government as to the class or value of suits and appeal which he may decide, and no general or special order which would bar his jurisdiction in respect of this particular class or appeal exists. Neither has any other restriction in respect of the distribution of the Court business in the control of the Judge of the District Court been brought to my notice. The ordinary procedure is that the Additional District Judge sitting at Saugor determines all matters arising from the Saugor revenue district and there has Been no limitation either by general or special orders of the Local Government or by any particular order of the District Judge, which debars the Additional District Judge from hearing this appeal which came before him in the ordinary course of the distribution of the business. On the merits of the case it is sufficient for me to say that I am in agreement with the conclusion of the learned Additional District Judge. A prima facie case warranting a complaint has been made out. The application in revision accordingly fails and is dismissed with costs. Pleader's fee Rs. 30.