Ujir Sheikh Vs. Syed Ali Sheikh and ors.

criminal procedure code (act v of 1898), sections 423(d), 522 - appellate court, powers of, to make any order. - 1. this was a rule calling upon the district magistrate and the opposite party to show cause why the order setting aside the order under section 522, criminal procedure code, should not itself be set aside. it has been argued that the appellate court had no jurisdiction under the code to set aside that order and, further, that on the merits the order ought not to have been set aside. so far as the question of jurisdiction is concerned, we think that the appellate court had power to set it aside under section 423(d), criminal procedure code, which authorises the appellate court in an appeal to make any incidental order. so far as the merits are concerned, it appears that, on the findings of the appellate court, the order under section 522, criminal procedure code, ought not to have been' allowed to stand, and that the appellate court was, therefore, right in setting it aside. this rule must be discharged.