1. The first defendant is the revision petitioner. The revision petition is from an order according sanction to the plaintiff to prosecute the defendants for an offence under S.188 of the Indian Penal Code, i.e., for disobeying an order of injunction issued by the court restraining the defendants from putting up any new building on the suit property. A preliminary objection was raised on behalf of the respondent to the effect that the order passed by the court below is an appealable order and that, therefore the revision petition is not maintainable. I do not think that there is any substance in the preliminary objection. The order purports to be one relating to an offence coming under S.195(1)(a) of the Code of Criminal Procedure.

Such an order is not appealable. S.476B provides for appeals from orders under S.476 and S.476-A. What is provided in S.476-B is that:

"Any person on whose application any Civil, Revenue or Criminal Court has refused to make a complaint under S.476 or S.476A or against whom such complaint has been made, may appeal to the court to which such former court is subordinate within the meaning of S.195, sub-s. [3] "

S.476(1) reads thus:

"When any Civil,