SIPAHI LAL Vs. PANDIT SURAJ SAHAI

JUDGEMENT

(1.) These are applications in revision by Sipahi Lal and Ram Narain praying that an order passed by the learned District Judge of Moradabad dated February 27, 1936, directing that a complaint be made against them to the District Magistrate for their prosecution under Section 193, Indian Penal Code, be set aside.

(2.) The opposite party has taken a preliminary objection and has contended that no revision lies from such an order. The matter arose in this way: Proceedings were first taken before a learned Munsif under Section 476, Criminal Procedure Code. A. preliminary enquiry was held but the learned Munsif was of opinion that the facts did not disclose any ground for ordering a complaint to be made against Sipahi Lal and Ram Narain. The present opposite party being dissatisfied with that decision appealed as he was entitled to do under Section 476 B, Criminal Procedure Code, to the learned District Judge. The learned Judge considered the whole of the evidence which had been placed before the learned Munsif and came to the conclusion that this was a case which required a full enquiry in a Criminal Court and directed that a prosecution of these two persons should be commenced. Against that order Sipahi Lal and Ram Narain have applied in revision to this Court alleging that the learned Judge acted in this case illegally and with material irregularity.

(3.) The jurisdiction of Court in revision is governed by Section 115, Civil Procedure Code. This present case cannot possibly fall within Sub-section (a) or (b) of this section, but it is contended that it falls within Sub-section (c). It is said that the Judge acted illegally and with material irregularity but, it must be remembered, that in itself is not a ground for interfering in revision. The illegality or material irregularity mu9t have occurred in the exercise of the jurisdiction of the Court. In short, before I can interfere I must be satisfied that the learned District Judge acted in the exercise of his jurisdiction illegally or with material irregularity.