An Additional Sessions Judge lacks the authority to directly receive appeals against convictions from Second Class Magistrates without explicit delegation of power by law or government order.

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 off 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, Srikakulam, 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, S.407 made provision for appeals against convictions by Magistrates of Second or Third Class and S. 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 S. 407 altogether and suitably amending S.408. Necessary amendment was also made to S. 409. S.407, S.408 and S.409 before and after amendment, are as follows :

(2) The District Magistrate may direct that any appeal under this section, or any class of such appeals shall be heard by any Magistrate of the First Class subordinate to him and empowered by the State Government to hear such appeals and thereupon such appeal or class of appeals may be presented to such subordinate Magistrate, or, if already presented to the District Magistrate may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from such Magistrate any appeal or class of appeals so presented or transferred. 
S. 408 : Any person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or other Magistrate of the First class  xx xx may appeal to the Court of Session  xx xx Any person convicted on trial held by an Assistant Sessions Judge, a District Magistrate or any other Magistrate  xx xx  may appeal to the Court of Sessions. 
S. 409 : An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge : -  (1) Subject to the, provisions of this section an appeal to the Court of Session or Sessions Judge shall be heard by an Additional Sessions Judge or an Assistant Sessions Judge 
Provided that an Additional Sessions Judge shall hear only such appeals as the State Government may, by general or special order, direct or as the Sessions Judge of the division may make over to him. (2) An Additional Session Judge or an Assistant Sessions Judge shall hear only such appeals as the State Government may, by general or special order, direct or as the Sessions Judge of the divis