BRIJENDRA NATH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appeal against an order passed by the learned District Judge, by which order he made a complaint against Brijendra Nath, appellant, under Section 182, I.P.C. The offence punishable under Section 182, I.P.C. is one of the offences enumerated in Section 195(1)(a), Criminal P.C. The right of appeal given by Section 476(b), Criminal P.C., is restricted to offences referred to in Section 195, Sub-section (1) Clause (b) or (c) Criminal P.C. and no right of appeal is given by Section 476(b), Criminal P.C. in respect of any offence referred to in Section 195, Sub-section (1) Clause (a), Criminal P.C. As such no appeal lies against the order of the learned District Judge. It has been rightly pointed out by the learned Assistant Government Advocate that by Sub-section 5, Section 195, Criminal P. C, any authority to which a public servant who has made a complaint under Sub- section (1), Clause (a) of that section is subordinate may order the withdrawal of that complaint and by that sub-section I am authorised to order the withdrawal of a complaint made by the District Judge. But having regard to the circumstances of the present case I am not prepared to exercise that power. I have refrained from going into the merits, inasmuch as I think that it would not be proper to interfere with the discretion of the learned District Judge in the matter. Accordingly I dismiss the appeal.