DILAWAR SINGH Vs. STATE

JUDGEMENT

(1.) This is an application in revision against the order of the learned Sessions Judge of Saharanpur passed in appeal against the order of a Magistrate directing issue of a warrant of attachment for the realization of compensation awarded to an accused Under Sec. 250(2), Code of Criminal Procedure. The learned Sessions Judge has dismissed the appeal without going into its merits and has observed that the order was not appealable and that an appeal ought to have been filed, if so desired, against the earlier order dated 4 -12 -1963. The view taken by the learned Sessions Judge appears to be based on a misapprehension. The order passed by the Magistrate on 4 -12 -1963 was one Under Sec. 250(1), Code of Criminal Procedure. Sec. 250(1), Code of Criminal Procedure provides only for the issue of a notice calling upon the complainant to show cause why he should not pay compensation as directed by the Magistrate and the order actually directing payment of compensation is passed not Under Sec. 250(1) but Under Sec. 250(2), Code of Criminal Procedure. The order passed Under Sec. 250(1) Code of Criminal Procedure has not been made appealable and the only order which has been made appealable Under Sec. 250(3), Code of Criminal Procedure is the order actually directing payment of compensation passed Under Sec. 250(2), Code of Criminal Procedure. In these circumstances the appeal preferred by the Applicant was obviously maintainable and the learned Sessions Judge should have decided it on merits.

(2.) In the result the application is allowed, the order dated 20 -1 -1965 passed by the Sessions Judge is set aside and the case of sent back to him for being decided/in accordance with law.