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1925 Supreme(Oudh) 126
HIGH COURT OF OUDH
Dalal, J.C.
Prithipal - Appellant
Versus
Emperor - Respondent
Decided On : 02-06-1925
JUDGMENT
Dalal, J C - I do not think that the learned Sessions Judge's order, dated 14th February, 1925, is according to law. A conditional order was passed by a Magistrate under Section 133 with respect to the removal of a nuisance, and after Prithipal showed cause the Magistrate was satisfied that the order was not reasonable and proper, and directed that no proceedings shall be taken in the case. The opposite party, Adhin, took the matter up in revision to the learned Sessions Judge. He appears to have thought that he had power to order further inquiry under Section 436. This power ha had not, because that section is confined to a complaint which has been, dismissed under Section 203, or Section 204(3), or to a case of an accused person having been discharged. Proceedings under Section 133 and Chapter X are not covered by Section 436 and the Sessions Judge had no power to order further inquiry.
2. The language of the learned Judge leaves it doubtful whether he took proceedings under Section 436 or ordered further inquiry and a report to himself before he took action under Section 438 of making a report to this Court.
3. I think that the best order to pass under the circumstances of the case would be to set aside the order of the 14th February, 1925, and remit the proceedings to the learned Judge for a trial of the revision application of Adhin according to law, with this observation that he had no power to take action under Section 436, and the only action which he could take, if one is found necessary would be, under Section 438 of the Code of Criminal Procedure, and report to this Court.
4. I order accordingly. No order is made as to costs.
