RAMESHWAR LAL Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision directed against an order purporting to be passed under Section 478, Criminal P. C. by the Munsif of Saidpur in the Ghazipur district.

(2.) I need not refer in any detail to the facts. It is sufficient to say that the applicant before me, Rai Saheb Rameshwar Lal, was the plaintiff in a civil suit in one of the Courts at Ghazipur. After that suit had been disposed of proceedings were started against Rameshwar Lal under the provisions of Section 476 of the Criminal P. C., it being considered apparently that there were reasons for supposing that Rameshwar Lal, in the course of the civil suit just referred to, had been guilty of the offences punishable under Secs.196, 467 and 471, I.P. C, It is admitted before me that the Munsif was competent to deal with this case when it started under Section 476. After the case had been thus initiated in the Munsif's Court a successful application was made to the District Judge to transfer the proceedings to the Court of the Subordinate Judge of Ghazipur. An application was made to this Court against the order of the District Judge with the result that the District Judge's order was reversed and the proceedings were sent back again to the Court of the Munsif of Saidpur. After the resumption of the proceedings in the Court of the Munsif, so far as I understand, evidence was taken on behalf of the opposite party, and from one order of the Munsif I gather that Rameshwar Lal was invited to produce evidence before the Munsif to rebut the evidence which had been given on the other side. A statement was made to the Munsif by the learned Counsel for Rameshwar Lal that he declined to put forward any evidence by way of rebuttal of the evidence which had been produced by the opposite party. Thereupon the Munsif proceeded to make an order under Section 478 of the Criminal P. C. directing the accused person, Rameshwar Lal, to be committed to the Court of Sessions for trial on the offences mentioned above.

(3.) It is now sought before me to attack this order of the Munsif on various grounds. It has been argued, in the first place, that the proceedings having started in the Court of the Munsif under Section 476 Criminal P. C, the Munsif was bound to continue the proceedings under that section and to do everything which that section required him to do. In other words, it is contended that the Munsif, in the circumstances, had no option, if he found there was a prima facie case against Rameshwar Lal, but to send a complaint to a Magistrate. It is argued that having started proceedings under Section 476 the Munsif had no authority to proceed under Section 478 and make an order of commitment. In my opinion this argument is altogether untenable. In support of the argument it is pointed out that where a Court takes action under Section 476 and directs a complaint to be laid before a Magistrate there is an appeal against the order directing the complaint to be made. On the other hand, it is argued that if the procedure adopted by the Munsif in this case is allowed and it is competent to him to pass an order under Section 478, then the right of appeal which the persons affected would have, had the proceedings been taken under Section 476, is taken away.