Kolkata Court November 1924 Judgments

Bahadur Molla and ors. Vs. Emperor Through Ismail and anr.

Court: Kolkata

Reported in: 85Ind.Cas.135

Mukerji, J.1. The question involved in this Rule is Whether a convicted person has a right of appeal, generally speaking, from an order passed against him under Section 562, Cr.P.C.2. As far as we have been able to discover there is no reported decision of this Court on the point. The point was considered by the Court of the Judicial Commissioner of Upper Burma in the case of Mi Shwe Nyun. v. King-Emperor 1 Cr.L.J. 543 : 10 Bom. L.R.321 : 1 U.B.R. (1904-06), 7 Cr.L.C. and the Chief Court of the Punjab iu the case of King-Emperor v. Manohar Das 24 P.R. 1904 Cr. : Cr.L.J. 1098, which latter decision has been afterwards followed by the same Court in the case of Hayata v. Emperor 38 Ind. Cas. 961 :18 Cr.L.J. 401 : 20 P.R. 1917 Cr. : 18 P.W.R. 1917 Cr.. The Allahabad High Court appears to have followed the ruling of the Punjab Chief Court, see the case of Emperor v. Ghasita 26 Ind. Cas. 635 : 37 A. 31 at p. 33 : 12 A.L.J. 1244 : 16 Cr.L.J. 43.3. All the above decisions are in favour of the ...