Nallapparaju Yenkataramaraju Vs. Medisetti Achayya and anr. - Court Judgment
|Judge||Oldfield and ;Sadasiva Aiyar, JJ.|
|Respondent||Medisetti Achayya and anr.|
|Cases Referred||Following Rama Iyer v. Venkatachala Padayachi|
criminal procedure code (act v of 1808), section 195 and 439 - proceedings of civil court under section 195, nature of--costs--jurisdiction--revision to high court, nature of--civil procedure code (act v of 1908), section 115. - .....j.2. i agree and only wish to add that this petition itself should, in my opinion, have been filed under section 439 of the code of criminal procedure and not under section 115 of the code of civil procedure. i' respectfully dissent from the dictum in in re chennanagoud 26 m.a 139.
1. Following Rama Iyer v. Venkatachala Padayachi 30 M.S 311 we must treat these proceedings under Section 195 of the Code of Criminal Procedure as of a criminal, not of a civil, nature and apply to them the criminal law of procedure. The Code of Criminal Procedure does not authorise an order for payment of costs in this connection, and it is not possible to justify one with reference to any inherent power of the Court. The Lower Court's order for payment of costs is, therefore, unsustainable and is set aside.
Sadasiva Aiyar, J.
2. I agree and only wish to add that this petition itself should, in my opinion, have been filed under Section 439 of the Code of Criminal Procedure and not under Section 115 of the Code of Civil Procedure. I' respectfully dissent from the dictum in In re Chennanagoud 26 M.A 139.