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1979 Supreme(SC) 120

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Prabhakar Shankar Sawant – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the judgment of the Sessions Judge, Greater Bombay dated 3rd March, 1975. The appellants were convicted by the Metropolitan Magistrate under Sections 147, 426/149 and 506 and sentenced to three months rigorous imprisonment under each count. The sentences were directed to run concurrently. By the time the Metropolitan Magistrate decided the case the new Criminal Procedure Code, 1973 came into force and, therefore, the appellants filed a revision to the Sessions Judge. The Sessions Judge after going through the evidence affirmed the decision of the Magistrate and confirmed the convictions as also the sentences imposed on the appellants by the trial magistrate. It appears that in view of a decision of Division Bench of the Delhi High Court that no appeal lay in the presents case as the new Code of Criminal Procedure 1973, had already come into force and since the appellant had taken the matter in revision to the Sessions Judge, a further revision to the High Court was not maintainable. The correctness of the view of the High Court has been assailed before us by the learned counsel for the appellants but in the ci


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