HANUMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present application has been filed under section 482 of the Code of Criminal Procedure, challenging the order dated 26-9-1989 passed by the Additional Sessions Judge, Washim, converting the revision into an appeal. Applicant Hanuman was prosecuted for an offence under section 304-A of the Indian Penal Code before the Judicial Magistrate, First Class, Washim. On his admission, he was convicted and let off under section 3 of the Probation of Offenders Act, 1958. Section 3 of the Probation of Offenders Act, 1958, reads as under :

(2.) NON-APPLICANT No. 2 Ratipal, who is the son of deceased Sitabai who died in an accident dated 15-5-1982 which gave rise to the present proceedings. There is no dispute that the order letting off the application on admonition was an appealable one under section 11 (2) of the Probation of Offenders Act, which reads under : 11. Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision --

(3.) MR. Kankale, learned counsel appearing on behalf of non-applicant No. 2 Ratipal, has not been able to show as to how revision could be converted into an appeal in the present case as was done by the learned Additional Sessions Judge. It appears that the learned Additional Sessions judge has misconceived the provisions of sub-sections (4) and (5) of section 401 of the Code of Criminal Procedure. Having regard to these facts I am satisfied that the impugned order converting the revision into appeal is vitiated and cannot, therefore, be sustained. The learned Additional Sessions Judge to proceed with the revision as it was filed.