JUDGMENT

Nanavutty, J - This is an application for revision of an order, dated 17th August 3932, passed by the learned Sessions Judge of Bara Banki purporting to be under Section 476-B, Criminal P.C., sanctioning the filing of a complaint for offences under Sections 211 and 193, I.P.C., against Shaikh Wajid Ali. The facts out of "which this application for revision arises are briefly as follows: One Shaikh Wajid Ali made a complaint on 19th March 1932, alleging that Khan Sahib Shaikh Fariduddin Ahmad with his servants and others had collected together in front of a certain khaliyan or threshing floor belonging to the complainant and praying that the Sub-divisional Magistrate should direct the police to go at once and disperse this gathering, otherwise the complainant feared that his life and property -would be in serious danger. This complaint of Shaikh Wajid Ali was sent to the police for an inquiry and report. The Sub-Inspector in charge of Police Station Kursi made a report on 12th April 1932 and he examined the complainant Shaikh Wajid Ali on 21st March 1932 and made other inquiries into the complaint on subsequent days. The statement of Shaikh Wajid Ali before the Sub-Inspector was to the effect that Khan Sahib Shaikh Fariduddin Ahmad was not on the spot but that it was his men who had gathered together and were threatening to remove the crops of Shaikh Wajid Ali from the threshing floor belonging to him. The Sub-Inspector of Police further reported that there was no fear of a breach of the peace, although there was no doubt that a dispute between Shaikh Wajid Ali and Khan Sahib Shaikh Fariduddin Ahmad concerning the ownership and possession of the sahan or courtyard in front of the house of Sbaikh Wajid Ali did exist.

2. On learning of this complaint of Shaikh Wajid Ali against himself Khan Sahib Shaikh Fariduddin Ahmad, Deputy Magistrate of Ghazipur, sent a petition to the District Magistrate of Bara Banki, through the Collector of Ghazipur under whom he was serving, requesting that the complaint of Shaikh Wajid Ali against him be taken on the file of the District Magistrate himself and dismissed under Section 203, Criminal P.C., and asking that Wajid Ali be prosecuted under Sections 211 and 193, I.P.C., and proceeded against also under Section 250, Criminal P.C., and further that exemplary and deterrent measures should be taken against Wajid Ali for the safety of respectable people like the Deputy Magistrate himself. At the same time Khan Sahib Shaikh Fariduddin Ahmad also filed through his mukhtiar Alimuddin a criminal complaint against Shaikh Wajid Ali and nine others under Sections 147, 352, 435 and 445, I.P.C. This complaint of the general agent of Khan Sahib Shaikh Fariduddin Ahmad, Deputy Magistrate, as well as the complaint of Shaikh Wajid Ali were dismissed by one order of the Deputy Magistrate, Khan Sahib M. Bashir Ahmad, on 30th May 1932, on the ground that even though the facts alleged in these complaints be held true they did not constitute any offence or any attempt to commit an offence under the Penal Code and therefore both the complaints were dismissed under Section 203, Criminal P.C.

3. As regards the letter sent by Khan Sahib Shaikh Fariduddin Ahmad to the District Magistrate of Bara Banki through the District Magistrate of Ghazipur the only order which the District Magistrate chose to pass on it was that he would like to have a report on para. 11 of the letter received by him from the Sub-divisional Magistrate of Nawabganj. Thereupon Khan Sahib M. Bashir Ahmad, Sub-divisional Magistrate of Nawabganj, sent a report, dated 20th June 1932, to the Deputy Commissioner of Bara Banki setting forth some of the facts concerning the dispute between Shaikh Wajid Ali and Khan Sahib Shaikh Fariduddin Ahmad and giving out his opinion that Shaikh Wajid Ali was careless in making his statement before him on 19th March 1932, and that the prosecution of Shaikh Wand Ali might not be successful in view of the report of