MUNDIATH VALIA AMBU PODAVAL Vs. KING EMPEROR

JUDGEMENT

(1.) The difficulty in this case arises from the fact that there are two Sessions Divisions in the same district. This state of things cannot be treated as unwarranted by the law, for, the same was the case when the Criminal P. C. was passed and paragraph 3 of Section 7 of it recognizes the legality of the then existing Sessions Divisions and districts unless and until altered.

(2.) The Magistrate against whose decision the appeal is to be preferred, has his head-quarters in Calicut which is within the local limits of the South Malabar Sessions Division, though he is authorized to try offences throughout the whole district, including cases arising within the Sessions division of North Malabar. It must, we think, be held that appeals against his" decisions lie to the Sessions Judge of South Malabar, irrespective of the place where the offence was committed.

(3.) Section 408, Criminal Procedure Code, referring to appeals from First Class Magistrates merely states that, the appeal lies "to the Court of Session" without any further explanatory words.