HIRA LAL Vs. EMPERORS

JUDGEMENT

(1.) This is an application in revision against an order of the Sessions Judge refusing to hear the appeal of one Hira Lal against whom an order in a summary trial has been passed under Section 562 of the Criminal Procedure Code, the refusal being based on Section 414 of the Criminal Procedure Code which he held barred the right of appeal.

(2.) Section 408 gives an appeal from the order of a Magistrate of the First Class to the Sessions Judge. Section 410 gives an appeal from the Sessions Judge to the High Court. If these two sections are uncontrolled there can be no question that an appeal lies under them from orders under Section 562 by a Magistrate or by the Sessions Judge respectively.

(3.) The case for the Crown here is that as there was a summary trial an appeal is barred by Section 414; the argument being that as there is no sentence at all it must be held to be a sentence less than the maximum which is referred to in Section 414.