An Additional Sessions Judge has no inherent power to receive and admit appeals. The power to hear appeals must be conferred by an order of the Sessions Judge or the State Government.

( 1 ) THE Additional Sessions Judge of Cuddapah received C. A. No. 71 of 1960 filed i. e. , presented by an appellant (P. Nanjappa) against his conviction and sentence by Judicial Second Class Magistrate, Cuddapah and disposed it of by setting aside the conviction and sentence and remanding the case for retrial. The same appellant filed Cri. R. C. 372 of 1960 against that judgment of the Additional Sessions Judge.

( 2 ) THE Additional Sessions Judge, Srikakulam heard C. A. No. 269 of 1959 against conviction and sentence by Judicial II Class Magistrate, Sompeta. A preliminary objection was raised by Assistant Public Prosecutor Grade I, Sriiakulam, that an Additional Sessions Judge was not competent to receive an appeal and that, therefore, the appeal (which had been received and admitted by the Additional Sessions Judge) was liable to be dismissed for want of jurisdiction. The learned Additional Sessions Judge upheld the objection and, accordingly, returned the appeal for presentation to the proper court. The correctness and validity of that order is the subject matter of Cr. R. C. No. 457 of 1960. The common question of law which arose in the two cases and which has been argued before us is :"whether the Additional Sessions Judge concerned had power and competence to receive and hear appeals presented to him against conviction and sentence passed by a Second Class Magistrate ?"before the Criminal Procedure Code was amended by Amendment Act XXVI of 1955, Section 407 made provision for appeals against convictions by Magistrates of Second or Third Class and Section 408 made provision for appeals from convictions by a Magistrate of the First Class. By the Amendment Act of 1955, all appeals from convictions of all Magistrates were made to lie to the Court of Session by omitting Section 407 altogether and suitably amending Section 408. Necessary amendment was also made to Section 409 Sections 407, 408 and 409 before and after amendment, are as follows :

( 3 ) THE proviso to section 409, as it stood before the amendment of 1955, was substantially the same as Sub-section (2) of Section 409 after the amendment of 1955 so far as the hearing of appeals by Additional Sessions Judge was concerned. Prior to the amendment of 1955, the practice was for all appeals to the Court of Session to be taken on file only by the Sessions Judge.

( 4 ) WITH a view to implement the provisions of Amendment Act XXVI of 1955, Government passed G. O. Ms. No. 750 dated 26-3-1956 in which it is stated as follows in para 10 :". . . . . . The Additional District and Sessions Judges. . . . . will also be specifically empowered under Section 409 (2) Cr. p. C. to receive and hear appeals from II and III Class Magistrates, so that parties may file their appeals directly in the Court of the Additional District and Sessions Judges. . . . . "subsequently, Government passed G. O. Ms. 934/home (Courts II) Department dated 13-4-56 in which it was stated as under :"in exercise of the powers conferred by Sub-section (2) of Section 409 Cr. P. C. . . . . . . . . . the Government of Andhra Pradesh hereby directs that the Additional District and Sessions Judges. . . . . . shall hear appeals of persons convicted on a trial held by any Magistrate of second or third class exercising jurisdiction within the Districts mentioned. . . . . . . "thus, when, under this G. O. (No. 934), the State Government made a direction under Section 409 (2) Cr. P. C. they did not make any provision empowering the Additional Sessions Judge to receive appeals as contemplated and expected in the earlier G. O. No. 750 dated 26-3-56. Obviously, the Additional Sessions Judge, Cuddapah directly received C. A. No. 71 of 1960 from a conviction of a Second Class Magistrate on presentation by the appellant, and took it on his file under the impression and belief that the direction to hear which is given in G. O. Ms. No. 934 dated 13-4-1956 implied and included the power to receive and take on file such