An appeal under Sec. 476B, Criminal P. C. from a civil court is deemed to be a criminal appeal, and the provisions of the Code of Criminal Procedure relating to appeals apply to such appeals.

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-section (1), Clause (b) or Clause (c), Criminal P. C. which appears to have been committed in or in relation to a proceeding in that Court. This authority or power has been given expressly by a statutory provision, although it is to be found in the Code of Criminal Procedure. The Code of Criminal Procedure is a statute, and if it contains a provision of the kind to be found in Sec. 476 of the Code, a Civil, Revenue or Criminal Court is entitled to proceed under it in given circumstances.

When a Court, however, proceeds to act under Sec. 476 of the Code, it does not lose its character as a Civil, Revenue or Criminal Court, as the case may be, that is to say, a Civil Court acting under Sec. 476 of the Code does not cease to be a Civil Court, although it is exercising a power given to it under the Code of Civil Procedure. Similarly, a Revenue Court does not lose its character as a Revenue Court merely because it exercises a power conferred by a statute. Whatever may be thought as to the nature of proceedings under Section 476 of the Code, when such proceedings take place in a Civil Court, that Court continues to be a Civil Court and does not become a Criminal Court.

4. An appeal is provided under Sec. 476B from an order making a complaint or refusing to make a complaint by a Civil, Revenue or Criminal Court under Section 476, and the appeal lies to the Court to which such former Court is subordinate within the meaning of Sec.195, Sub-section (3) of the Code, and the Appellate Court after notice to the parties concerned, may either direct withdrawal of the complaint or may itself make the complaint which the Subordinate Court might have made under Sec. 476. Sec.195, Sub-section (3) states:

"For the purpose of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of Civil Court from whose decrees no appeal ordinarily lie to the principal Court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such Civil Court is situate.

Provided that. (a) Where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; and

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed."

Having regard to this provision, an appeal from the Court of a Munsif would lie to the District Judge, an appeal from the Court of a Subordinate Judge would He to the District Judge or to the High Court, as the case may be, depending upon the va