Baidyanath Giri and Another vs Emperor

Wort, J.—The only question in this case is that the learned District Magistrate acted in an illegal manner by dismissing summarily an appeal u/s 476-B. Two authorities have been relied upon for this proposition but neither in the case in which judgment was delivered by my learned brother Fazl Ali nor in the other authority has reference been made to Section 421, Criminal P.C. It is contended that section has no application to Section 476-B which latter section finds place in another chapter and it is contended is self-contained. I cannot accept this proposition as it is obvious that an appeal was first given in these matters under the added Section 476-B, Criminal P.C. I would hold that Section 421, Criminal P.C., applies to all appeals unless it is specifically provided other wise. The learned Magistrate in my judgment was entitled to dispose of this matter summarily and I see no particular reason for interfering with the order having regard to the reason which he states in the latter part of his judgment.

The rule is discharged.