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1934 Supreme(All) 85

BENNET
Manphool – Appellant
Versus
Budhu – Respondent


JUDGMENT

Bennet, J. - This is an application in civil revision by the plaintiff Manphooll against an order in appeal u/s 476-B, Criminal P.C., passed by the learned Subordinate Judge. There: was an order passed by the Munsif u/s 476, Criminal P.C., refusing to take proceedings under Sections 209, 471, 463, 191 and 193, Penal Code, against Manphool on the complaint of Budhu defendant. This application was made by Budhu in connexion with the civil, suit before the Munsif. u/s 476-B, Criminal P.C., an appeal lay and Budhu brought an appeal in the Court of the District Judge. This was the correct Court, in which such an appeal, should be brought. The District Judge-however purported to transfer this appeal u/s 24(1)(a). Civil P.C., to the Subordinate Judge who has purported to dispose of this appeal. The question raised in revision is whether the Subordinate Judge had any jurisdiction to hear an appeal of this nature and whether the District Judge bad any jurisdiction to order the transfer of this appeal instead of bearing it himself. It is laid down in Section 476-B that, an appeal may be made:

to the court to which such former court is Subordinate within the meaning of Section 195(3).

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