JUDGMENT George Knox, J.
1. This is an application in revision asking this Court to call for the record and to revise an order passed under Section 145 of the Code of Criminal Procedure on the ground that the Magistrate who passed the order complained of refused to uphold an order passed by the Civil Court and decided the question before him contrary to that order. I have considered the following cases referred to by the learned advocate for the applicant:Doulat Koer v. Rameswari Koeri 26 C. 625.; In re Pandurang Govind 24 B. 527.; and Baldeo Baksh Singh v. Raj Ballam Singh 2 A.L.J. 274., decided by this Court on 11th December 1903. But it has already been held by a Bench of this Court in Maharaj Tewari v. Har Charan Rai, 26 A. 144. that as the law at present stands, where the proceedings below are in intention, in form, and in fact, proceedings under Chapter XII of the Code of Criminal Procedure by a Magistrate duly empowered to act under that Chapter, this Court has no power to send for those proceedings either under the Code or under Section 15 of the Indian High Courts Act, 1861. It has not been shown to me that the proceedings before the learned Magistrate were not proceedings under Chapter XII of the Code or that he was not duly empowered to act under that Chapter. According to the contention of the learned advocate it was after being properly seized of the case that the learned Magistrate went out of his way, passed an order which he had no jurisdiction to pass, and that by it the learned Advocate's client has been debarred from all remedy and deprived of the fruits of the case won by him in the Civil Court. This may or may not be so. The fact remains that Section 435 expressly excepts records to proceedings under Chapter XII and I know of no other Act or Statute which confers upon this Court power of sending for such proceedings. The application is dismissed.