NARAIN DAS versus THE STATE OF UTTAR PRADESH

Citation: [1961] 1 S.C.R. 676 · Decided: 14-09-1960 · Supreme Court of India · Bench: SYED JAFFER IMAM
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Judgment (excerpt)

Tlie 8111Jio11 6-
G,oit1 Exclso11g1 
Ltd, ~ Otlit's 
•• 
The State nf 
l'uttjab 
Das Gupta ]. 
Stpltmbtr 14. 
676 
SCPTIE~IE COU!tT REPORTS 
[1961] 
respondent undur thiR Act a.rn also void and unconstitu. 
tiuna.l, a.nd that & mandamus do issue directing the 
respondent to a.How the petitioners to carry on the 
bu8ine8s of forward rontre.ots or a.s oommis~ion a.gents 
for forwa.rd oontra.ots unrrstricled by the provisions 
of the sa.id Punjab Forward Contra.ots Ta.x Act No. VII 
of I !J51 a.ml the ruleH thereunder and not to enforce 
the provisions of thiH Act and the rules. 
The a.ppella.nts will get t,heir costs in this Court as 
also in the court below. 
Ap11eul allowed. 
NAHAIN DAS 
v. 
THE STATE OF UTTAR PRADESH 
(JAFER lMA)I, A. K. SARKAR a.nd Il.AOHUBAR 
DAYAL, JJ,) 
Affeul-l'orum-Single ]11d~c of llig/1 Courl ·cxmisi11~ cfril 
jurisdtclion refusing to file rnn1ple1i11t --Appeal, if lio tu Supreme 
Court-Code of Crimi11al Procedure, 1898 (V of 1898). ss. 195 1111d 
476-B. 
During the pendency of a.civil writ petition in the Al!ali<t-
bad High Court one N moved an application under s. 476, Code 
of Criminal Procedure, for making a complaint under s. 193, 
Indian Penal Code, against T. A single Judge who was seized of 
the case rejected the application. Thereupon N presented an 
appeal against the order ol. rejection of his application before 
the Supreme Court under s. 4j6·B, Code of Criminal Procedure. 
Held, that the appeal did 110'. lie to the Supreme Court but 
that it lay to the Appellate Bench of the High Court. 
The 
tltcrees of a single Judge of the High Court exercising civil 
jurisdiction were ordinarily appcalable to the lligh Colli t under 
cl. 10 of the Letters Patent of the Allahabad High Court read 
with cl. 13 of the l'. P. High Courts (Amalgamation) Order, 
1948, and as such the Court constituted by the single Judge 
was a court subordinate to the Appellate Bench of the High 
Court within the meaning of s. 195(3) of the Code. 
M. S. Sl1crij} v. Tile Sl<1lc of Madras, [1954] S.C.l<. 1 q4. 
<listing uished. 
1 S.C.R. SUPREME COURT REPORTS 
677 
CRIMINAL APPELLATE JURISDICTION: In the matter 
of ma.inta.ina.bility of appeal in the Supreme Court of 
India.. 
Mohan Lal Agarwala, for the petitioner. 
G. 0. Mathur and 0. P. Lal, for the respondent 
No. 1. 
1960. September 14. The Judgment of the Court 
was delivered by 
RAGHUBAR DAYAL J.-Na.rain Da.s filed ·S. civil 
writ p<'tition under Art. 226 of the Constitution in the 
High Court of Judicature at Allahabad. He subsequ-
ently moved an application under s. 4 76 of the Code 
of Criminal Procedure (hereinafter called the Code) for 
making a complaint under s. 198, Indian Penal Code, 
against Phanish Tripathi alleging that a certain state-
ment in an affidavit filed by the latter was false. The 
learned Judge who heard this application, holding 
that the appellant had riot succeeded in showing that 
any portion of the affidavit of Tripathi filed on May 
14, 1959, was false, dismissed the same. It is against 
this order of the learned Judge of the High Court that 
Narain Das has filed this memorandum of appeal 
under s. 476B of tho Code. The Registry has submitt-
ed the memorandum of appeal with a report for deter-
mining the question whether the app~al is competent 
in this Court. 
Section 476 of the Code is to be found in Ch. XXXV 
which is headed ' Proceedings in case of certain 
Offences Affecting the Administration of Justice '. 
Section 476 empowers any Civil, Revenue or Criminal 
Court, when it is of the opinion that it is expedient in 
the interests of justice that an inquiry should be made 
into any offence referred to in s. 195(1) (b) or (c) which 
appears to have been committed in or in relation to a 
proceeding before it, to file a complaint, after such 
inquiry as it thinks necessary, before a. Magistrate of 
I Class having jurisdiction. It is clear therefore that 
where an offence referred to in s. 195(1) (b) or (c) is 
committed in or in relation to a proceeding in a. Civil 
Court, a.n inquiry under s. 476 a.nd the action taken 
1.Varain Das· 
v. 
The Stale of 
Uttar Pradesh 
Raghubar 
Dayal ]. 
,\'arain Das 
v. 
Tht State of 
Uttar Pradesh 
llaghubar 
"Dayal j. 
678 
SUPREME COURT REPORTS 
[ 1961] 
on that inquiry by the Civil Court, a.re in relation to 
that proceeding itsdf. 
Any person aggrieved by an order c1f a Court under 
s. 476 of the Code may appeal in view of s. 476B to 
the Court to which the former C'ourt is subordinate 
wi
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