Chand Khan Vs. the Empress - Court Judgment

SooperKanoon Citationsooperkanoon.com/860432
SubjectCriminal
CourtKolkata
Decided OnMay-28-1883
JudgePrinsep and ;O'Kinealy, JJ.
Reported in(1883)ILR9Cal878
AppellantChand Khan
RespondentThe Empress
Excerpt:
appeal - security for good behaviour--code of criminal procedure (act x of 1882), sections 110, 118 and 123. - prinsep, j.1. we think that no appeal lies in this case. section 406 provides expressly for an appeal on behalf of a person required by a magistrate, other than the district magistrate or a presidency magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. the order moreover is not a conviction on a trial held by a sessions judge (section 410), nor a sentence of the district magistrate subject to the confirmation of the sessions judge (section 408a), and, therefore under section 404 no appeal would lie.
Judgment:

Prinsep, J.

1. We think that no appeal lies in this case. Section 406 provides expressly for an appeal on behalf of a person required by a Magistrate, other than the District Magistrate or a Presidency Magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. The order moreover is not a conviction on a trial held by a Sessions Judge (Section 410), nor a sentence of the District Magistrate subject to the confirmation of the Sessions Judge (Section 408a), and, therefore under Section 404 no appeal would lie.