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1970 Supreme(Pat) 136

G.N.PRASAD, S.C.MISRA, K.B.N.SINGH, M.P.VARMA, S.WASIUDDIN
Dewani Choudhary – Appellant
Versus
Chaturi Manjhi – Respondent


Judgment

G.N.PRASAD, J.

1. This Bench of five Judges has been constituted for the purpose of deciding whether the view taken by this court in Raja Singh V/s. Mahendra Singh, (AIR 1963 Pat 243 (FB)) is correct. In that case the Full Bench has held, by a majority of 2 to 1, that in exercise of its revisional cowers under Sections 435 and 439 of the Code of Criminal Procedure (hereinafter referred to as the Code), the High Court can, in suitable cases, interfere with the decision of the Civil Court given by it under Sub-Section (1-A) upon a reference made to it under Sub-Section (1) of Sec.146 of the Code after the referring Magistrate has disposed of the proceeding under Sec.145 under Sub-Section (1-B), and that the bar as to appeal, review and revision imposed by Sub-Section (1-D) operates only so long as the Magistrate has not passed his order under Sub-Section (1-B) of Sec.146. But the bar is lifted when the finding of the Civil Court has been "adopted by the Magistrate and order passed upon its basis", because it is only such a finding that "becomes a part of the order of the Magistrate and is integrated into it that it becomes operative and binding upon the parties". The minority







































































































































































































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