Emperor vs Hira Lal - 1924 Supreme(All) 353

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(All) 353

BOYS
Emperor – Appellant
Versus
Hira Lal – Respondent

JUDGMENT

Boys, J. - This is an application in revision against an order of the Sessions Judge refusing to hear the appeal of one Hira Lal against whom an order in a summary trial has been passed u/s 562 of the Code of Criminal Procedure, the refusal being based on Section 414 of the Code of Criminal Procedure, which he held barred the right of appeal.

2. Section 408 gives an appeal from the order of a Magistrate of the first class to the Sessions Judge. Section 410 gives an appeal from the Sessions Judge to the High Court. If these two sections are uncontrolled, there can be no question that an appeal lies under them from orders u/s 562 by a Magistrate or by the Sessions Judge respectively.

3. The case for the Crown here is that as there was a summary trial, an appeal is barred by Section 414; the argument being that as there is no sentence at all, it must be held to be a sentence less than the maximum which is referred to in Section 414.

4. To support the exclusion of a right of appeal, it will have, to be argued that "no sentence" is "a sentence of less than a certain maximum." I find it impossible to hold that this is a permissible meaning to give to the language used. It is only ne

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