Das Gupta, J. - (1.) This application for revision is directed against an order passed by a Magistrate appointed under the provisions of the Calcutta Municipal Act on an application under Section 363 of that Act.
(2.) Before going into the merits of the application in revision it is necessary to dispose of a preliminary objection raised on behalf of the opposite party, the Corporation of Calcutta. The objection is that the order passed by a Magistrate dealing with an application under Section 363, Calcutta Municipal Act, is not subject to revision under Section 439, Criminal P.C.
(3.) The decision of this objection depends on the answer to the question whether a Magistrate dealing with an application under Section 363, Calcutta Municipal Act is a criminal Court. If it is, this Court has jurisdiction under Section 439, Cr. P.C. to revise in suitable cases orders passed by the Magistrate. If it is not a criminal Court, this order cannot be revised under Section 439, Cr. P.C. whether or not it might be subject to revision under other provisions of law.;