Queen-empress Vs. Arlappa and ors.

Queen-empress vs Arlappa and ors.

Type Court Judgment Court Chennai Decided Oct 19, 1891

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Citation: sooperkanoon.com/787017
Court: Chennai
Judge: Arthur J.H. Collins, Kt., C.J. and ;Shephard, J.
Decided On: Oct 19, 1891
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, Section 419 - Petition of appeal, presentation of. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Arlappa and ors.

Legal References

Reported In: (1892)ILR15Mad137

Excerpt

criminal procedure code, section 419 - petition of appeal, presentation of. - collins, c.j.1. i was at first inclined to think that a petition, under section 419, code of criminal procedure, sent through the post, should be received as fulfilling the requirements of the section, but on further consideration, i am of opinion that the decision of kernan and muttusami ayyar, jj., reported in weir's criminal rulings, page 1006, is correct. the words used in the section are 'every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader.' the word presented evidently means that such petition shall be delivered to the proper officer of the court either by the appellant or his pleader. any other interpretation of the section would give rise to numberless difficulties. i hold, therefore, that a petition sent by post is not presented to the court within the meaning of section 419, code of criminal procedure.shephard, j.2. i have had considerable doubts on this question, but am not prepared to differ.

Full Judgment

Collins, C.J.

1. I was at first inclined to think that a petition, under Section 419, Code of Criminal Procedure, sent through the post, should be received as fulfilling the requirements of the Section, but on further consideration, I am of opinion that the decision of Kernan and Muttusami Ayyar, JJ., reported in Weir's Criminal Rulings, page 1006, is correct. The words used in the Section are 'Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader.' The word presented evidently means that such petition shall be delivered to the proper officer of the Court either by the appellant or his pleader. Any other interpretation of the Section would give rise to numberless difficulties. I hold, therefore, that a petition sent by post is not presented to the Court within the meaning of Section 419, Code of Criminal Procedure.

Shephard, J.

2. I have had considerable doubts on this question, but am not prepared to differ.

Same Parties Queen-empress vs Arlappa and ors. Same Subject Criminal Same Judge Arthur J.H. Collins, Kt., C.J. and ;Shephard, J.

Criminal