THAKUR PRASAD Vs. EMPEROR

JUDGEMENT

(1.) A preliminary objection is raised that the appeal from the Subordinate Judge's order does not lie to the High Court but to the District Judge. The order under Section 476, Criminal P.C. directing the presentation of a complaint against the appellant was passed in a proceeding arising out of a suit valued at over Rs. 5,000. Section 476-B gives the person complained against a right to "appeal to the Court to which such former Court is subordinate within the meaning of Section 195, Sub-section (3)," Section 195, Sub-section (3) enacts that: A Court should be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court.

(2.) Appeals from the decrees or orders of Subordinate Judges are provided for by Section 21, Bengal, Agra and Assam Civil Courts Act, Act 12 of 1887: An appeal shall lie (a) to the District Judge where the value of the original suit did not exceed Rs. 5,000, and (b) to the High Court in any other case.

(3.) The appellant has presented his appeal to this Court on the ground that the original suit was valued at over Rs. 5,000 and an appeal from the decree in it or from any order passed in proceedings arising out of it would ordinarily lie to this Court; but the case is covered by proviso (a) to Section 195, Sub-section (3): Where appeals lie to more than one Court the appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate.