Durga Prasad v. King-Emperor

Aikman, J.:— This is an application for revision of an order of the Subordinate Judge at Jhansi purporting to be passed under section 476 of the Code of Criminal Procedure, whereby he sent the applicant, Durga Prasad, for trial by a Magistrate on a charge of having committed the offence punishable under section 206 of the Indian Penal Code. The learned Assistant Government Advocate takes a preliminary objection based upon the ruling of the majority of the Full Bench. In the matter of the petition of Bhup Kunwar (1). There is no doubt that according to the ruling of the majority of that Bench, which I am bound to follow, no application for criminal revision lies in this case. The majority of the Bench, however, held that this Court has jurisdiction to interfere under section 622 of the Code of Civil Procedure when the necessary conditions exist.

2. The learned Vakil for the applicant moves me to take action under that section on the ground that the learned Subordinate Judge had no jurisdiction to pass the order which he did. On a consideration of the circumstances of the case and having regard to the fact that if any offence under section 206 was committed, it was committed in order to prevent the sale of the property which had been attached by the Subordinate Judge, I am of opinion that he had jurisdiction. The result is that I dismiss the application.

3. Order confirmed.