GURUSWAMI NAIKEN Vs. TIRUMURTHI CHETTY

JUDGEMENT

(1.) The order which we are asked to revise was passed by the Joint Magistrate of Pollachi Division setting aside on appeal an order of the Stationary Sub-Magistrate of Udumalpet for payment of ompensation under Section 250 Criminal Procedure Code.

(2.) The Sessions Judge of Coimbatore has referred it as illegal on the ground that no notice of the appeal was given to the Public Prosecutor as required by Section 422, Criminal Procedure Code.

(3.) Section 422 of the Criminal Procedure Code directs that notice of appeal should be given "to such officer as the Local Government may appoint in this behalf:" and a reference to Rule 60 of the Criminal Rules of Practice shows that the only officer who can be held to be appointed to receive notice of an appeal of this kind is, not the Public Prosecutor but the District Magistrate, who is nominated in Clause (1) " for appeals other than appeals to Courts of Session."