MUSLIM SHAH Vs. THE STATE

JUDGEMENT

(1.) THIS is an application under Section 439, Criminal P.C. and Article 227 of the Constitution of India arising out of a case in which one Muslim Shah was ordered to be extended from the State of Assam by the First Class Magistrate of Sibsagar for a period of 3 years. On appeal, the period of his externment wag reduced from 3 years to one year.

(2.) THE learned Sessions Judge, U.A.D., while confirming the order of externment, stated in his judgment that the reduced period of one year was to commence from 15.8.50, i.e., the date of the judgment and order of the Trial Court. When the records of the case went before the Trial Court, it pointed cut to the learned Sessions Judge that after its judgment on 15.8.50, the order of externment had been stayed, whereupon the learned Sessions Judge modified his ordei1, dated 19.6.51, by which he had ordered the period of externment to commence from 15.8.50, and sent back the papers to the Trial Court to fix the commencement of the externment period from such date as he thought proper. It is against this order that the applicant has come before us in revision.

(3.) MR . Sen hag not elected to address us on the merits of the case. The application is disposed of by this order.