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Judgment
This criminal revision Case has been filed by the Public Prosecutor against the order of the District Judge, Ongole passed in AS No. 26 of 1989 dated 1-9-1992. The learned counsel for the respondents contends that the criminal revision case is not maintainable u/s 397 Cr.P.C. since the impugned order was passed by the District Judge as a Civil Court and not by District and Sessions Judge, or a Sessions Court.
The above appeal has been filed by the respondents u/s 49 of the Andhra Pradesh Forest Act questioning the order of Officer. On a consideration of the facts of the Divisional Forest learned District Judge allowed the appeal and set aside the order of confiscation in so far as it relates to the confiscation therefore, passed by the District Judge as a Civil Court. u/s 44(2-E) of the A.P. Forest Act, an appeal lies against the order of confiscation passed by the Forest Officer, to the District Court, and not to the District and Sessions Judge. This Court in Nehrulal Makadia vs. State of A.P. (1987) 2 ALT 171, held that the ''District Court'' means the Principal Civil Court of Original Jurisdiction i.e., the District Judge''s Court. The contention that when the subject matter is criminal in nature it is the Sessions Judge and when it is Civil in nature it is the District Judge, was not accepted. The said case also arose under the A.P. Forest Act. In view of the above decision of this Court, it is clear that this revision case is not maintainable. The criminal revision case is, therefore, dismissed. It is open to the petitioner to take appropriate proceedings before the appropriate Court.
Petition dismissed.