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PETITIONER: KULDIP SINGH
Vs.
RESPONDENT: THE STATE OF PUNJAB AND ANOTHER.
DATE OF JUDGMENT: 15/02/1956
BENCH:
ACT: Complaint by Court-Complaint by Senior Subordinate Judge of offences committed in a proceeding before the Subordinate Judge of the first class-Validity-Competency of the Additional Judge to entertain appeal-Power of High Court in revision-Code of Criminal Procedure (Act V of 1898), ss. 195 (3), 476, 476-A, 476-B, 439-The Punjab Courts Act (VI of 1918), ss. 18,21-Code of Civil Procedure (Act V of .1908), s. 115.
HEADNOTE: The question as to which Court is competent to make a com- plaint under s. 476-A read with s. 195(3) of the Code of Criminal Procedure where none wag made by the Court in which the offence was committed or its successor Court, will depend on the nature of the proceeding in which the offence was committed, whether civil, criminal or revenue, and on the hierarchy of superior Courts to which an appeal from such proceeding will ordinarily lie as contemplated by s. 195(3) of the Code, apart from such exceptions as may be made in respect of any particular matters by any special notifications or laws. Where, however, appeals ordinarily lie to different courts, the one of the lowest grade will be the Court competent to make the complaint. Wadero Abdul Bahman v. Sadhuram, ([1930] 32 Cr. L. J. 1012] and M. S. Sheriff v. Govindan (A...