THOBA BHANIA PARDHI Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
THOBA BHANIA PARDHI
STATE OF GUJARAT
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(1.) A time barred appeal against an order forfeiting a bond was filed, and although a request was made to treat the said time barred appeal as a revision application, the learned -judge dismissed the appeal summarily, and he relied on Hariwari Lal V/s. State, 1959 AIR(All) 751 But Sec. 515, Criminal P. C. has been modified in Bombay and reads as follows:
"All orders parsed u/s. 514 by an Executive Magistrate other than the District Magistrate shall be appealable to the District Magistrate and by a Judicial Magistrate other than a Presidency Magistrate to the Sessions Judge and if no appeal is made against such orders they may be revised in the case of the orders passed by an Executive Magistrate by the District Magistrate and in the case of the orders passed by a Judicial Magistrate by the Sessions judge."
(2.) We do not know whether in Allahabad the section reads as it stands in Bombay. As the section stands, the Sessions Judge can revise the order himself without even making a reference to the High Court under Chap. 32 of the Criminal P. C. The view taken by the learned Sessions Judge is, therefore, wrong and he is directed to consider whether he should revise the order u/s. 515, Criminal P. C.;
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