SHITAL Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) The following question has been referred by a learned single Judge of this Court to a larger Bench.

(2.) Both the parties relied upon a Full Bench decision of this Court in Union of India Vs. Chheda Lal, AIR 1958 Alld. 652 : 1958 ALJ 392 . In that case the Civil Judge of Barabanki had passed a decree. An appeal against that decree was presented to this Court at Allahabad. The question arose whether presentation of that appeal at Allahabad was proper. It was held by the Full Bench that, presentation of the appeal at Allahabad was proper.

(3.) The filing of the application under Sec. 561-A, Crimial P.C. by Shital at Allahabad raises two connected questions:-