P R K MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a revision filed against the judgment of the Metropolitan Sessions Judge, Hyderabad, dismissing the appeal as not maintainable.

(2.) The brief facts involved are: The petitioner was working in the Central Reserve Police Force, Hyderabad. He absented from duty without permission or leave from 3-6-88 to 14-10-88, which is an offence under Sec. 10(m) of the Central Reserve Police Force Act (hereinafter referred to as 'the Act'). The Assistant Commandant-cum-Judicial First Class Magistrate tried the offence, found him guilty thereunder, convicted him under Sec. 10 (q) of the Act and sentenced him to suffer simple imprisonment for fifteen days in C.R.P.F. Quarter Guard, Hyderabad. Aggrieved of that, the petitioner filed the appeal before the Metropolitan Sessions Judge. The Sessions Judge field that the Assistant Commandant, though invested with powers of First Class Magistrate and followed the procedure contemplated by the Code of Criminal Precedure in trying the offence, cannot be termed as 'inferior Court' for an appeal to lie before him against the orders of the Assistant Commandant. He accordingly dismissed the appeal. Hence this revision.

(3.) The learned counsel for the petitioner contended that in view of the conviction and sentence for the offence under Sec. 10 (m) of the Act there does lie an appeal under the provisions of the Criminal Procedure Code inasmuch as the trial was under the provisions of Cr. P.C., the sentence was to suffer imprisonment and there is no appellate forum prescribed under the Act.