ANNA CHANDY
K. C. Paipal – Appellant
Versus
State of Kerala – Respondent
1. The common question that arises in these two revision petitions is as to which one of the two courts of Sessions is the proper appellate forum for a case tried and convicted by a First Class Magistrate having jurisdiction over both Sessions Divisions. The Industrial Tribunal, Kozhikode, which has been invested with the powers of a First Class Magistrate for the trial of offences under the labour laws committed within the districts of Kozhikode, Cannanore and Palghat convicted the petitioner for an offence under S.102(2) of the Factories Act. The Tribunal is located at Kozhikode within the territorial jurisdiction of the Kozhikode Sessions judge while the offence was committed at Payyannur which lies within the territorial jurisdiction of Tellicherry Sessions Judge. Against the above conviction the revision petitioner filed an appeal before the Tellicherry Sessions Court which was returned on the ground that the proper appellate forum is the Sessions Court which has jurisdiction over the place where the Tribunal is located. Thereupon the petitioner filed the appeal before the Kozhikode Sessions Court This appeal also was returned on the ground that the appeal should b
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