RAMCHANDRA AGGARWAL AND ANR. vs STATE OF UTTAR PRADESH & ANR.

The Supreme Court held that under Section 146(1) of the Code of Criminal Procedure, a Magistrate's reference to a Civil Court is not to a persona designata but to a constituted court. The Court affirmed that the provisions of the Civil Procedure Code apply to proceedings arising from such references, allowing the District Judge to transfer cases under Section 24 of the Civil Procedure Code. The Court disapproved of the view in Sri Sheonath Prasad v. City Magistrate, Varanasi, A.I.R. 1959 All. 467, clarifying that the civil court's proceedings are civil in nature as per Section 141 of the Civil Procedure Code, and no appeal lies against the civil court's findings under Section 146(1D) of the Cr.P.C.