High CourtsDivision Bench

Chand Khan vs The Empress

Calcutta High Court · Decided on 28 May 1883 · Citation: (1883) ILR (Cal) 878

HON’BLE JUDGES
Prinsep, J · O''Kinealy, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 406
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Judgment

1 paragraphs · 99 words

Prinsep, J.—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 u/s 404 no appeal would lie.