BRAJABANDHU BISWAL Vs. STATE

JUDGEMENT

(1.) I have heard the learned counsel for the petitioners and the learned Standing Counsel. This application in revision has been made against an order passed under section 446 of the Code of Criminal Procedure (for short, the 'Code'), by the learned Additional Sessions Judge, Puri, against the petitioners who were the two sureties for the appellant in a criminal appeal which was dismissed. The Petitioners did not produce the appellant, as directed by the Court. Under section 449 of the Code, any order passed under section 446 of the Code is appealable. Section 401(4) of the Code provides that where under this Code, an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. The revision, therefore, is not maintainable in law. It has been submitted by the learned counsel for the petitioners that they will prefer an appeal against the impugned order.

(2.) THE revision fails and is dismissed.