- (1.) THIS is a revision arising out of a complaint which has been instituted against the applicants under section 210 of the Indian Penal Code by order of a Civil Judge of Saharanpur passed on the 1st November, 1947, allowing an appeal from the order of the City Munsif dated the 12th october 1946 on an application made before it praying that a complaint be made against the applicants under section 476 of the Code of Criminal Procedure for their prosecution under section 210 and other sections of the Indian Penal Code.
(2.) THERE was a revision from the order of the Civil Judge before the High Court and it was dismissed on the 4th March, 1949. Thereafter a complaint was made and is now proceeding before a Magistrate. In the Magistrate's court an objection was taken on behalf of the applicants that the proceedings out of which the application under section 476 of the Code of Criminal procedure arose had taken place before the Havali Munsif at Saharanpur and that an application under section 476 of the Code of Criminal Procedure did not lie before the City Munsif, saharanpur, and that, therefore, the Civil Judge of Saha-ranpur had no jurisdiction to direct that a complaint be made against the applicants for their prosecution under section 210 of the Indian penal Code. He rejected the objection and the revision to the Sessions Court from the order of the learned Magistrate was dismissed by that court. The applicants have now come in revision to this Court and it is urged that the proceedings that are now going on in the court of the magistrate are without jurisdiction.
(3.) IT is also said that a previous application under section 476 of the Code of Criminal Procedure having been dismissed by the Munsif a second application with respect to the same facts did not lie and that the further proceedings aris-ing therefrom were without jurisdiction.;