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1970 DIGILAW 12 (KER)

MADHAVI AMMA v. KRISHNAN NAIR

1970-01-16

K.SADASIVAN

body1970
Judgment :- 1. The revision is against the final order passed by the learned Magistrate under S.146 (IB) of the Code of Criminal Procedure, endorsing the finding of the learned Munsiff to whom the matter was referred under S.146 (I) of the Code. Under S.146 (I-D) no appeal, review or revision will lie from the finding of the civil court given on reference. The present revision petition is therefore, not maintainable. But the learned counsel for the petitioner argues that the bar of S.146 (I-D) will apply only to a revision filed against the finding entered by the civil court on reference and not to a final order passed by the Magistrate under S.145. The present order according to him is the final order passed by the Magistrate under S.145 and that being the case a revision under S.435 of the Code is permitted. I do not think the argument is correct. By means of the present revision the petitioner in effect challenges the finding of the civil court and nothing else. This he cannot do on the pretext that he is challenging only the final order of the learned Magistrate. "Once a matter is referred to the Civil Court and such Court decides the question of possession so referred to it, the referring Magistrate has no option other than to dispose of the proceeding in conformity with the decision of the civil court in view of S.146 (I-B). It therefore, follows that the trying Magistrate is not entitled to come to any other finding of his own. The finding of Civil Court is conclusive since no appeal, revision or review is provided against such finding." The decision of the Civil Court on a reference under S.146, of the Criminal PC. cannot even be challenged, sub-section (1-D) of S.146 of the Code of Criminal Procedure being a bar. The only remedy left would be to go to a Court of competent jurisdiction under sub-section (IE)of S.146 of the Code of Criminal Procedure." Ram Narayan v. Biswanath AIR. 1959 (Cal. 366). To the same effect is the decision of the Madras High Court in M. Sethurayar v. L. Odayar AIR. 1959 Mad. The only remedy left would be to go to a Court of competent jurisdiction under sub-section (IE)of S.146 of the Code of Criminal Procedure." Ram Narayan v. Biswanath AIR. 1959 (Cal. 366). To the same effect is the decision of the Madras High Court in M. Sethurayar v. L. Odayar AIR. 1959 Mad. 111), There the learned judge would hold: "The sub-clause (I-D) of S.146 refers only to an appeal, or review or revision against the finding of the civil court, that is, no appeal or review or revision lies on the civil side against the finding of the civil court. But certainly it is open to file a revision under S.435 and 439 against the order of the Magistrate who disposed of the petition under S.145 after the receipt of the findings of the civil court after reference under S.146 (1) at least to show that the order of the lower court is not in conformity with the decision of the civil court and it cannot be said that no revision at all lies against the order of the Magistrate " But the High Court in revision has no jurisdiction to go into the correctness or legality or otherwise of the findings of the civil court. To do that would be to do a thing indirectly what is directly prohibited. What utmost the High Court can do in revision is to ascertain whether the criminal court has implemented the decision of the civil court. To this limited extent only a revision can lie." 2. In the present case also what the learned counsel urges is that this revision is one under S.435 directed against the final order of the learned Magistrate under S.145. Thereby he wants this court to do the thing indirectly which is directly prohibited by the section. A revision can lie in a case where the Magistrate's order is not in conformity with the finding arrived at by the civil court. To that limited extent alone a revision can lie. Since a regularly constituted civil suit before a court of competent jurisdiction is provided under S.146 (I-E) it cannot be said that the party is prejudiced by the bar of S.146 (I-D). This Revision Petition is, therefore, not maintainable and it is accordingly dismissed. M C M. Dismissed.