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Bhagirathi and ors. Vs. Suraj Mal and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All373(1); 25Ind.Cas.327
AppellantBhagirathi and ors.
RespondentSuraj Mal and anr.
Excerpt:
criminal procedure code (act v of 1898), section 476 - court refusing to take action on application of party--appeal. - - he, however, recorded an order in which he called the attention of the district magistrate to the facts and recommended him to institute criminal proceedings against the four men......to secure a conviction and he declined to take any action. the respondents then appealed to the district judge who had no right to entertain the appeal inasmuch as the respondents had not asked the munsif for sanction to prosecute their opponents. they had asked him to take action himself against them. i hold that the district judge had no jurisdiction to entertain the appeal. he, however, recorded an order in which he called the attention of the district magistrate to the facts and recommended him to institute criminal proceedings against the four men. the order has presumably been brought to the notice of the district magistrate who will, no doubt, take such action as he thinks proper. all that i can do is to formally set aside the order of the judge. but i cannot prevent the.....
Judgment:

Chamier, J.

1. In this case the respondents asked the Munsif to send their opponents to a Criminal Court to be tried there for various offences. The Munsif came to the conclusion that there was not sufficient evidence to secure a conviction and he declined to take any action. The respondents then appealed to the District Judge who had no right to entertain the appeal inasmuch as the respondents had not asked the Munsif for sanction to prosecute their opponents. They had asked him to take action himself against them. I hold that the District Judge had no jurisdiction to entertain the appeal. He, however, recorded an order in which he called the attention of the District Magistrate to the facts and recommended him to institute criminal proceedings against the four men. The order has presumably been brought to the notice of the District Magistrate who will, no doubt, take such action as he thinks proper. All that I can do is to formally set aside the order of the Judge. But I cannot prevent the authorities from commencing criminal proceedings if they consider it necessary to do so. The order of the District Judge is set aside. No order as to costs.


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