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1942 Supreme(Lah) 66
Lahore High Court
Blacker, J.
Sahibzada Sh Abdul Hamid - Appellant
Versus
Sayyad Ahmad Shah - Respondent
Decided On : 22-04-1942
JUDGMENT
Blacker, J. - The learned District Judge of Lahore in accepting an appeal under Section 476B, Criminal P.C., awarded costs to the successful appellant. It is settled law in this High Court that proceedings under this section, whether they originate in a civil Court or a criminal Court or a revenue Court, are criminal proceedings. This proposition flows clearly from the Pull Bench judgment in Dhanpat Rai v. Balak Ram A.I.R. 1931 Lah. 761 In that case it was held that no remand was possible in such a case as remands are not allowed by the Criminal Procedure Code. Similarly, except in certain very specific cases which are quite immaterial to the present case, costs are unknown to the Criminal Procedure Code. Mr. Allah Din Malik for the respondent did indeed argue that the costs might be regarded as compensation under Section 250, Criminal P.C., for a frivolous and vexatious complaint. An application under Section 476, however, is not a complaint. It is merely an application that a complaint be made and Section 250, Criminal P.C., therefore, in my opinion, has no applicability. It would appear to me, therefore, clear that as long as this Court regards proceedings under Section 476 and the connected sections to be criminal proceedings a Court acting under this and the following sections is acting without jurisdiction in awarding costs. For these reasons I accept this petition and set aside the order by which costs were awarded to the respondent.
