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TMI Blog1954 (3) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... modaran, filed petitions under section 491 of the Criminal Procedure Code for release claiming that they had been illegally detained by two Sub- Inspectors of Police who are the appellants before us. Govindan said he was being detained by one Sub-Inspector and Damodaran said he was being detained by the other. Both the Sub Inspectors said that the petitioners were not in their custody. The first Sub-Inspector, who was concerned with Govindan, said that Govindan had never been arrested by him and had not been in his custody at. any time. The other denied that Damodaran was in his custody. He admitted that he had arrested him at one time but said that he had been released long before the petition. Each swore an affidavit in support of his ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal under article 136 (1). The first question we have to decide is whether there is a right. of appeal. That turns on the true meaning of-section 476B of the Criminal Procedure Code read with section 195 (3). The relevant portion of the former reads thus :- "Any person against whom a complaint has been made" [under section 476] "may appeal to the court to which such former court is subordinate within the meaning of section 195 (3)......" The latter section reads- "For the purpose of this section, a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or sentences of such former court........" The rest of the section does not concern us. Tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and circumscribed set of circumstances, therefore, such appeals as lie to this court cannot be said to lie "ordinarily". We do not agree. Such an argument concentrates attention on the word "ordinarily" and ignored the words "appealable decrees or sentences". Before we can apply the definition we have first to see whether there is a class of decrees or sentences in the court under consideration which are;at all open to appeal. If there are not, the matter- ends and there is no right of appeal under section 476.B. If there are, then we have to see to which court those appeals will "ordinarily" lie. It is evident that the only court to which the appealable decrees and sentences of a Division Bench of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormed at the hearing that two further sets of proceedings arising out of the same facts are now, pending against the appellants. One is two civil suits for damages for wrongful confinement. The other,is two criminal prosecutions under section 344, Indian Penal Code, for wrongful confinement, one against each Sub-Inspector. It was said that the simultaneous prosecution of these, matters will embarrass the accused. But after the hearing of the appeal we received information that the two criminal prosecutions have been closed with liberty to file fresh complaints when the papers are ready, as the High Court records were not available on the application of the accused As these prosecutions are not pending at the moment, the objection regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and fast rule. Special considerations obtaining in any particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so hear its end as to make it inexpedient to stay it in order to give precedence to a prosecution order of under section 476. But in this case we are of the view that the civil suits should be stayed till the criminal proceedings have finished. The result is that the appeal fails and is dismissed but with no order about costs. Civil Suits Nos. 311 of 1951 to 314 of 1951, in the Court of the Subordinate Judge, Coimbatore, will be stayed till the conclusion of the prosecution under section 193, Indian Penal Code. As the plaintiffs there are parties her ..... X X X X Extracts X X X X X X X X Extracts X X X X
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