JANGA REDDY Vs. HAFEZUNNISA BEGUM
HIGH COURT OF ANDHRA PRADESH
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SHARFUDDIN AHMED,J. -
(1.) The question that requires consideration in this C.R.C. is whether the provisions of Section 141 C.P.C. are attracted to a reference made by the criminal court under Section 146 Cr. P.C. to a civil Court.
(2.) It appears that in the court of the 8th City Magistrate proceedings were instituted under Section 145 Cr. P.C. The criminal Court was unable to arrive at a conclusion on the question of possession and therefore made a reference to the City Civil Court under Section 146 of the Cr. P.C. for a finding thereon. After the records were received, the petitioner filed an application under Order 19 Rule 2 C.P.C. praying for the production of all the deponents whose affidavits have been filed by the other side for cross-examination. That application was allowed. Thereupon another petition was filed for reviewing the said order. It was dismissed and when the matter went in revision to the High Court, while dismissing the said petition, it was observed that it was open to the petitioner to raise objections before the lower Court whether the provisions at C.P.C. are applicable to a proceeding of this nature. The matter was considered by the Lower Court and it came to the conclusion that the provisions of Section 141 C.P.C. were not attracted to a reference under Section 146 Cr. P.C. as it was not a proceeding within the meaning of the word used in Section 141 C.P.C. It is against this order that this revision has been filed.
(3.) The learned Counsel for the petitioner relying on the two decisions of the Madras High Court viz., Kochadi Waidu v. Nagayasami Naidu, A.I.R. 1961 Madras 247 and Kondammal v. Duraiswami Naicker, A.I.R. 1961 Madras 384, has urged that the provisions of C.P.C. are available to a reference under Section 146 Cr. P.C. Unfortunately both the decisions seem to have been overruled by a subsequent decision of the said Court in Periyakarupa Thevar v. Vellai Thevar, A.I.R. 1963 Madras 338.;
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