JUDGMENT

Suhrawardy, J. - This rule was issued on ground No. 9 which is to this effect: For that the learned Additional Sessions Judge had no jurisdiction to hear the appeal or to lodge the complaint. The facts are that the petitioner sued the defendants upon a hatchita in the Court of the Munsiff at Raigunje in the District of Dinajpore, and on behalf of the defendants the suit was contested by the opposite party D. I. G., 0. I. D., Bengal. The suit was transferred by the order of the District Judge from Raigunje to the Munsiff at Dinajpore. The petitioner applied to the Munsiff for leave to withdraw from the suit with liberty to bring a fresh suit on the same cause of action. It was refused and the suit was dismissed for non-prosecution. Thereafter the opposite party applied to the Munsiff for sanction to prosecute the petitioner u/s 476, Criminal P.C. on charges under Sections 120-B, 109, 209, 471, I.P.C., etc. The application was refused by the Munsiff and the opposite party preferred an appeal from the order of the Munsiff to the District Judge of Dinajpore u/s 476-B, Criminal P.C. The District Judge allowed the appeal and made a complaint u/s 476-B. Against that order there wa