SAYED ABDULLAH ABDUL RAHMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by Assistant Police inspector, Sayed Abdullah s/o Abdul rahman Kadari against conviction for offence under section 174 of the Indian Penal code, since he failed to attend the court of Session on the date of hearing in sessions Case No. 50/1993.

(2.) LEARNED Advocate Mrs. S. A. Dhumal, submits that the witness (appellant) had informed the trial Court by sending a telegram regarding his inability to attend the Court owing to engagement in investigation of another serious crime. The learned A. P. P. Mr. N. B. Patil, supports the impugned order and further submits that the appeal is not maintainable.

(3.) THE objection regarding maintainability of the appeal is without substance since the present appeal falls within the provision of section 351 of the code of Criminal Procedure, 1973 and as such is maintainable. The orders passed under section 350 of the Code of Criminal procedure, 1973 are appealable as a special case irrespective of the quantum of sentence and hence the bar as provided under section 374 or 376 of the Code of Criminal Procedure, 1973 is not applicable.