SHYAM SINGH Vs. STATE

JUDGEMENT

(1.) THE applicant Shyam Singh, resident of Mandsaur was serving lately in H. C. No. 2545 'c' Company, 3rd Battalion, Central Reserve, Police. He without sufficient cause over-stayed the leave granted to him and made himself liable for an offence under sec. 10m of the Central Reserve Police Act, 1949. On these allegations, he was tried by the Assistant Commandant and Magistrate Second Class, 3rd Battalion, Ajmer and was sentenced to three month's rigorous imprisonment. He filed an appeal in the Court of the Sessions Judge, Ajmer.

(2.) PRELIMINARY objections were raised before the Sessions Judge that no appeal Jay against the order of the Assistant Commandant to any Court of Session. It was urged alternatively that the Court of Session at Ajmer had no jurisdiction in the matter. These objections prevailed with the Sessions Judge with the result that the appeal has been dismissed as incompetent, The accused does not accept the conclusions of the Sessions Judge and has approached this Court in revision.