EMPRESS ON PROSECUTION OF MICHELL Vs. JOGGESSUR MOCHI

JUDGEMENT

(1.) We think that the Sessions Judge might have disposed of this case under Section 419, Criminal Procedure Code without a reference to this Court.

(2.) The words "Court of appeal" in that section are not necessarily limited to a Court before which an appeal is at the moment pending. It may very often happen, as in this case, that the question of the propriety of an order under Section 418 for the disposal of any property produced before the Court may in no way concern the convicted person; and we think it unreasonable to put such a construction on Section 419 as shall make the power of the Judge to modify, alter on annul a Magistrate's order affecting one, contingent on the accident whether another person has or has not chosen to appeal.

(3.) Section 286, by the words "except in the cases provided for by this Act" must include cases in which the power to alter or annul the order of a Magistrate is expressly given.