MEHI SINGH Vs. MANGAL KHANDU

JUDGEMENT

(1.) The question referred to the Full Bench is whether an Appellate Court can order compensation such as is contemplated by Section 250 of the Code of Criminal Procedure, 1898.

(2.) Section 250, being confined by its terms to the Courts of Magistrates trying cases in the first instance, does not confer the requisite power. But it is suggested that Clause (d) of Section 423(1) does.

(3.) Section 423(1), which defines the powers of an Appellate Court in disposing of an appeal, begins by setting forth those powers in precise terms, and concludes with Clause (d), which enables it to " make any consequential or incidental order that may be just or proper."