ABDUL GHANI KHAN Vs. RAM MOHAN LAL

JUDGEMENT

(1.) This application is made for the revision of an order passed by Mr. K. Banerji on 1 September 1934 purporting to act as an Additional Sessions Judge of Allahabad. That order was passed in the course of the hearing of an appeal from an order passed by the Judge of the Small Cause Court Allahabad on 20th December 1932 directing the prosecution of the opposite party Ram Mohan Lai for offences under Secs.193 and 209, Indian Penal Code.

(2.) The circumstances are fully stated in the order of the Judge of the Small Cause Court, and if the opinions which be expresses in that judgment are supported by the evidence, it is clear that it was not only proper but necessary to grant the application made by Abdul Ghani Khan the present applicant, for the prosecution of the opposite party.

(3.) An appeal was made under Section 476-B, Criminal P.C., to the District Judge of Allahabad against the order passed by the Judge of the Small Cause Court. By some inadvertence the hearing of this appeal was transferred to Mr. Banerji, who as it now appears had no jurisdiction to dispose it of. An appeal under Section 476-B, Criminal P.C., lies to the Court to which the Court making the complaint is subordinate, and under Section 195(3), Criminal P.C.: In the case of a civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary civil jurisdiction within the local limits of whose jurisdiction such civil Court is situate.