KANCHANLAL SOMALAL CHOKSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision application by one Kanchanlal Somalal Choksi aggrieved by the order of the learned Additional Sessions Judge Kaira. The facts giving rise to this application are as follows :- - Some stolen property was alleged to have been sold by accused Rupabhai to one Jaswantlal who sold the same to one Kanchanlal the present petitioner. Kanchanlal sold that property along with some of his gold ornaments for cash. Before the Police he made a statement that he had sold the articles which he had received for Rs. 151-4-0 along with some other ornaments and he produced Rs. 151-4-0 before the Police. The learned trial Magistrate ordered this amount to be paid to the original complainant from whose possession the ornaments had been stolen. The petitioner then approached the Sessions Court but the Sessions Court declined to interfere. Hence this revision application

(2.) A preliminary objection is taken and it is contended that this revision application does not lie because the petitioner did not approach the trial Court but directly approached the sessions Court. Section 520 Criminal procedure code reads as follows :- -

(3.) The expression Any Court of appeal has been interpreted to mean any Court to which an appeal ordinarily would lie. The section does not use the expression In appeal but merely provides that any Court of appeal can modify alter or annul an order passed by the trial Court. The section does not say that it shall do so in appeal; nor does it say that a person can appeal only if he has appeared at the trial Court. When the present petitioner approached the Sessions Court it can be taken that he appealed to the Sessions Court against the order of the trial Court. There is therefore no merit in the preliminary objection taken.