KHIALI Vs. EMPEROR

JUDGEMENT

(1.) On the 4 of April 1922 the Court of the Additional Sessions Judge at Aligarh, sitting at Etah, convicted two men, Khiali and Hulasi, on a charge under Section 395 of the Indian Penal Code, and passed upon them substantial sentences of imprisonment and fines. On the 12 of April 1922 both Khiali and Halasi caused to be prepared in the Ja(sic)1, in which they were confined, petitions of appeal against their convictions and the sentences passed upon them. These petitions of appeal reached this Court on the 15 of April 1922. Hiving been examined and reported upon by a ministerial officer of this Court, they ware laid before a Judge of this Court on the 20ih of April 1922. On the day following, the Judge in question, dealing with the petitions of appeal under Section 421 of the Code of Criminal Procedure, dismissed both the appeals of Khiali and Hulasi summarily.

(2.) On the 1 of May 1922 Counsel, having been instructed on behalf of Khiali and Hulasi, brought for presentation to this Court a petition of appeal, which was submitted to a ministerial officer of this Court for report In the report thereupon prepared, attention was drawn to the fact that petitions of appeal from Khiali and Hulasi had been received, through the Superintendent of the Jail, and summarily dismissed by a Judge of this Court Counsel for Khiali and Hulasi seams to have taken a little time to consider his position, but finally presented a fresh petition of appeal on the 8 of May. 1922. The Judge, before whom this petition was presented, passed an order dated the 10 of May 1922, in which he referred to a previous decision of this Court and directed that the petition of appeal should be laid before a Bench of two Judges for consideration.

(3.) We are asked expressly to determine the question whether the second petition of appeal, on behalf of Khiali and Hulasi, is entertainable in view of the order of the 21 of April 1922 summarily dismissing the petitions of appeal received through the Superintendent of the Jail.