SABHAPATI DUBEY Vs. RAM KISSEN KUMAR

JUDGEMENT

(1.) This Rule was issued against the Deputy Commissioner of Sibsagar and the complainant opposite party in a certain criminal case to show cause why the order of the Additional Sessions Judge of the Assam Valley Districts, in Criminal Appeal No. 12 of 1934, dated 10th October 1934, setting aside under Section 520, Criminal P. C., an order of a first Class Magistrate of Golaghat, under Section 517 of the Code and restoring a certain elephant to the complainant opposite party, should not be set aside on the ground that the Additional Sessions Judge was not the Court of appeal, confirmation, reference or revision within the meaning of Section 520, Criminal P. C. S. 520 is in these terms: Any Court of appeal, confirmation, reference or revision may direct any order under Section 517, Section 518 or Section 519 passed by a Court subordinate thereto, to be stayed pending consideration by the former Court, and may modify, alter or annul such order and make any further orders that may be just.

(2.) Evidently the Court of appeal mentioned in the section must be a Court of appeal as contemplated by Ch. 31. There is nothing in terms of Section 520 justifying the view that the words "Court of appeal" in that section means only a Court to which either of the parties to the criminal case has appealed or could appeal: see Empress V/s. Joggesur Moehi (1877) 3 Cal 379 and U Po Hla V/s. Ko Po Shein 1929 Rang 97. The wording of the section rather indicates that the Court of appeal is any Court which has powers of appeal, that is any Court to which appeals ordinarily lie from the decision of the Magistrate by whom the case was tried: see Queen-Empress V/s. Ahmad (1886) 9 Mad 448 and Walchand Jasraj V/s. Hari Anant 1932 Bom 5344. It is not disputed by the learned Advocate for the petitioner that the Court of Session is the Court of appeal in the present case. Under Section 9, Criminal P. C., the Local Government is empowered to establish a Court of Session for every Sessions division and to appoint a Judge of such a Court and Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in such Court and to direct at what place or places the Court of Session shall sit.

(3.) Now: There is only one Court of Session in each sessional division, sitting at different places and manned by a number of Judges. The Court is the Court of Session. It is not accurate to refer to the "Court of the Sessions Judge" and the "Court of the Additional Sessions Judge" and so on, except colloquially: see Superintendent and Remembrancer of Legal Affairs, Bengal V/s. Ijjatulla Paikar 1931 Cal 190-1931 Cr C 254.