MANPHOOL Vs. BUDHU

JUDGEMENT

(1.) This is an application in civil revision by the plaintiff Manphooll against an order in appeal under section 476-B, Criminal P.C., passed by the learned Subordinate Judge. There: was an order passed by the Munsif under Section 476, Criminal P.C., refusing to take proceedings under Secs.209, 471, 463, 191 and 193, Indian Penal Code, against Manphool on the complaint of Budhu defendant. This application was made by Budhu in connexion with the civil, suit before the Munsif. Under Section 476-B, Criminal P.C., an appeal lay and Budhu brought an appeal in the Court of the District Judge. This was the correct Court, in which such an appeal, should be brought. The District Judge-however purported to transfer this appeal under Section 24(1)(a). Civil P.C., to the Subordinate Judge who has purported to dispose of this appeal. The question raised in revision is whether the Subordinate Judge had any jurisdiction to hear an appeal of this nature and whether the District Judge bad any jurisdiction to order the transfer of this appeal instead of bearing it himself. It is laid down in Section 476-B that, an appeal may be made: to the court to which such former court is Subordinate within the meaning of Section 195(3).

(2.) Section 195 (3) provides: For the purpose of this section a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or sentences of such former court.

(3.) This is the portion of the section which applies in the present case. It is clear therefore that the section contemplates that the appeal should be to the Court of the District Judge from the order of the Munisif under Section 476, Criminal P.C. The further question arises as to whether the power of transfer under Section 24, Criminal P.C., exists. The section provides in Sub-section 1(a) that the District Court may transfer: any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same.