DAYA RAM Vs. STATE

JUDGEMENT

(1.) DAYA Ram has moved this revision application to challenge the order of the Additional Sessions Judge of Meerut dismissing his appeal and thereby maintaining his conviction under Section 379 I. P. C. and also the magistrate's order releasing him (applicant) on probation on his guardian executing a bond of Rs. 500 for a period of 2 years on terms and conditions given in Form C of the Probation Rules. At the same time the applicant was to remain under the supervision of the Probation Officer.

(2.) THE revision application was unstamped and the question that arises for consideration is whether a revision application challenging an order of the above nature required court fee stamp, or in view of Clause (xvii) of Section 19 of the Court Fees Act no court fee was chargeable.

(3.) NOTICE of the application was given to the Standing Counsel but under instructions of the State the Deputy Government Advocate put in appearance to oppose the contention of the applicant that the application was exempt from court fee.