Imam, J.

1. This Bench was constituted to consider the nature of appeals filed under Section 476B, Criminal P. C. where a complaint has been, filed by a Civil Court under Sec. 476, Criminal P. C; in (other?) words, whether such appeals are in the nature of civil appeal or criminal appeals.

2. The District Judge of Shahabad filed a complaint under Sec. 476, Criminal P. C. against Dhup-Narain Singh under Sections 197, 199 & 471, Penal Code, (for offences?) alleged to have been committed by Dhup Narain Singh in the course of Probate Case No. 17 of 1950 (Title Suit No. 4 of 1952) in the Court of the District Judge. An appeal under Sec. 476B* Criminal P. C. has been filed by him in this Court.

3. The Court of the District Judge is undoubtedly a Civil Court and not a Criminal Court, although the District Judge in this State also exercises the powers of a Sessions Judge. When the District Judge is exercising the powers of a Sessions Judge, he is undoubtedly a Criminal Court. Sec. 476, Criminal P. C. has given authority to every Civil, Revenue or Criminal Court to make a complaint if it is expedient in the interest of justice, concerning any offence referred to in Sec.195, Sub-sect