Subhash vs State of Raj.

Atul Kumar Jain, J.—When a civil court refuses to file any complaint u/s 340 Cr.P.C. read with Section 195 Cr.P.C., an appeal by the aggrieved party can be filed only to the appellate court in the civil side and not to the appellate court in the criminal side. Section 341(2) of Cr.P.C. states that an order u/s 341(1) Cr.P.C. and subject to any such order, an order u/s 340 Cr.P.C. shall be final and shall not be subject to revision. Looking to these specific statutory provisions, following rulings cited at bar in the present case does not help me to reach to the conclusion that this Court on criminal side may hear any revision filed by aggrieved party against a civil court''s order:--

(1) Iqbal Singh Marwah and Another Vs. Meenakshi Marwah and Another,

(2) Dr. S.L. Goswami Vs. The High Court of Madhya Pradesh at Jabalpur,

(3) K. Karunakaran Vs. T.V. Eachara Warrier and Another,

Thus, this S.B. Criminal Revision filed u/s 397 Cr.P.C. against the order dated 9.7.2008 passed by the Addl. District Judge (FT), Rajsamand by which the learned court below had dismissed the application filed by the petitioner u/s 195, Cr.P.C. in relation to Civil Original Case No. 8/2005 pending in his court, does not deserve to be entertained and on the basis of the preliminary objection mentioned above, this criminal revision petition is hereby dismissed, but it is made clear that since the decision in Civil Suit No. 8/2005 of Addl. District Judge (FT), Rajsamand has already been challenged by petitioner Subhash in Civil First Appeal No. 187/2006 before the High Court in civil side, so if the petitioner Subhash has any grievances regarding the order of non-filing of the complaint by the concerned civil court, he can raise his objections contained in this revision petition before the High Court in that appeal. Accordingly, this criminal revision petition is hereby dismissed at preliminary stage. A copy of this order along with the record be sent to the lower court within three days from today.