LAWS(ALL)-1968-12-22

MANGU LAL Vs. STATE

Decided On December 02, 1968
MANGU LAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) MANGOO Lal has filed this revision against the judgment and order of the learned Sessions Judge, Farrukhabad dated 8 -2 -1966 allowing the opposite party's - -i.e. the State's - -application Under Section 520 Code of Criminal Procedure.

(2.) THE brief facts giving rise to this revision are as follows:

(3.) NOW , so far as the first contention is concerned it is unnecessary to dilate upon it, as it is concluded by the decision of this Court in Ram Abhilakh and Anr. v. The State 1951 AWR 184 with which I find myself in respectful agreement. As held in that case the words "any court of appeal" in Section 520 Code of Criminal Procedure mean the court to which appeals ordinarily lie from the judgment and orders of the trial court, and not a court in which an appeal has been filed. As an appeal from the judgment of the learned A.D.M. (J) ordinarily lie to the court of the Sessions Judge, the latter court has the jurisdiction to entertain an application Under Section 520 Code of Criminal Procedure.