LexRAMCHANDRA AGGARWAL AND ANR. versus STATE OF UTTAR PRADESH & ANR.
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A • B c D F F H 393 RAMCHANDRA AGGARWAL AND ANR. v . STATE OF UTTAR PRADESH & ANR. May 5, 1966 [J. R. MUDHOLKAR AND V. RAMASWAMI, JJ.J Code of Criminal Procedure (Act 5 of 1898), s. 146 (1)-Reference by Magistrate to Civil Court-If to a persona designata. Code of Civil' Procedure (Act 5 of 1908), s. 24-Ju,risdiction of Dis- trict Judge to transfer reference from one Civi! Court to another. Under s. 146(1), Criminal Procedure Code, a Magistrate referred to a Civil Court of competent jurisdiction the auestion as to 'Nhich of the parties was, at the relevant point of time, in posse'5ion of the subject-matter of dispute in a proceeding under s. 145 Cr. P.C. Under s. 24, Civil Procedure Code, the District Judge transferred the refer- ence to another Civil Court. It "as contended that the District Judge acted v:1thout jurisdiction because (i) the reference was to a persona designata; andl (ii) the provisions of C.P.C. did not apply to the proceeding as it was not a proceeding in a court of Civil jurisdic- tion within the meaning of s. 141, C.P.C. HELD: (i) Where a special or local statute refers to a constituted court as a court and does not refer to the presiding officer o.f the court, the reference cannot be said to be to a persona desi'gnata. The power under s. 146(1) is not to refer the matter to the presiding J udgE of a Civil Court, but to a court. [396A-Cl (ii} The provisions of the Civil Procedure Code apply generally to a proceeding before a civil court arising out of a reference made by a Magistrate under s. 146(1) Cr. P.C. r399 E-Fl Adaikappa Chettiar v. Chanwra,sekhara Thevar, 74 I.A. 264, Mamg Ba Tha.w v. Ma Pin, 61 I.A. 158 and South Asia Industri~s (P) Ltd. v. S. B. Sarup Singh, [1965] 2 S.C.R. 756 applied. Section 24 C.P.C., refers to "other proceeding in any court sub- ordinate to it" and not to a civil proceeding pending before a sul:- ordina te court. The term "proceeding" is comprehensive enough to include all matters coming up for judicial adjudication and' is not confined to civi1 proceedings alone, and therefore, there is no need to invoke s. 141, V.P.C. [399 F-Hl Obiter: The proceeding before the civil court is a civil proceed- ing as contemplated by s. 141 C.P.C. [398 F-H] A proceeding stemming from a criminal matter does not alv.rays bear the stamp of a criminal proceeding. r397 D-El Sri Sheonath Prasad v. City Magistrate, Varanasi, A.IR. 1959 All. 467, disapproved. The Magistrate •.vhen he refers the question to a civil court, does not confer a part of his criminal jurisdiction upon the civil court. Under s. 146(1D}, Cr.P.C., neither an appeal nor a revision lies against the finding of the civil court in the reference, because of the express provision and not because the- proceeding before the civil court is not a civil proceeding, [398 A-CJ 394 st:PRE>!E COUll'r REPORTS (1966] SUPP, S.C.R, CRJMJ!'-IAL APPELLATE JURISDICTION: Criminal Appeal No. 113 .&. of 1965. Appeal from lhe judgment and order dated October 26. 1964 of the Allahabad High Court in Criminal Revision No. 803 of 1963. J. P. Goyal, for the appellants. 0. P. Rana and Atiqur Rehman. for respondent No. I. S. K. Mehta and K. L. Mehta, for respondent No. 2. B. R. L. Iyengar and B. R. G. K. Achar, for the Intervener. The Judgment of the Court was delivered by Mudholkar, J, The only point which falls to be decided in this appeal by certificate granted by the High Court at Allahabad is whether the District Judge has jurisdiction under s. 24 of the Code of Civil Procedure to transfer a reference made by a Magis- trate to a particular civil court under s. 146 of the Code of Criminal Procedure to another civil court. It arises this way. Proceedings under s. 145, Cr. P.C. were initiated by a Magistrate on the basis of a report of a police officer to the effect that a dispute likely to cause a breach of the peace exist- concerning a plot of land situate within the jurisdiction of the Magistrate between the parties mentioned in the report and praying for appropriate action under s. 145 of the Code of Criminal Procedure. The learned Magistrate upon being satisfied about the possib;lity nf a breach of the peace made a preli- minary order under s. 145. Cr. P.C .. attached the property to which the dispute related and called upon the parties to adduce evidence in respect of their respective claims. In due course he recorded the evidence but he was unable to make up his
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