POCHAI METEH Vs. EMPEROR

JUDGEMENT

(1.) The question which arises upon this Rule is whether the provisions of Article 154 of the Limitation Act are applicable to proceedings under Section 195 of the Code of Criminal Procedure or, in other words, whether that Section grants a right of appeal as laid down in Section 404 of the Code.

(2.) Now Section 404 of the Code states very precisely that no appeal shall lie from any judgment or order of the Criminal Court, except as provided for by this Code or by any other law for the time being in force.

(3.) In order, therefore, to give a right of appeal, Section 195 must contain, in our opinion, within itself a distinct declaration that there is a right of appeal, and we can find no such declaration either expressly or by implication. It is true that a Full Bench of the Allahabad Court in the case of Hardeo Singh v. Hanuman (1903) I.L.R. 26 All. 244. held, in answer to an academic question, that the expression in Section 139 giving certain powers to a Court of appeal raised an inference that the Legislature in referring to a "Court of appeal" in connection with Section 195 Sub-Section (6), regarded the application to be made under that sub-Section as an application made to a Court of appeal, and, therefore, in the nature of an appeal. But the Full Bench went on to say: "It does not appear, however, to us at all material by what name the application is called in pursuance of which the Appellate Court sets aside an order for sanction, and gives sanction under the provisions of Section 195."