Skip to content


Emperor Vs. Devendra Shivapa Limbenavar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 236 of 1915
Judge
Reported in(1915)17BOMLR1085
AppellantEmperor
RespondentDevendra Shivapa Limbenavar
Excerpt:
criminal procedure code (act v of 1898), sections 423, 367-disposal of appeal after issue of notice-judgment, necessity of.;when an appeal is dismissed, not summarily but under section 423 of the criminal procedure code after notice given under section 422, the court must deliver a judgment that would fulfil the conditions laid down in section 367, that is, the judgment must contain the point or points for determination, the decision thereon, and the reasons for that decision. omission to write the judgment is not an irregularity cured by section 537 (a) of the code. - .....of the indian penal code. from that conviction they appealed to the district magistrate, and that learned magistrate, though he took a careful note of the arguments addressed to him by the pleaders on both sides, passed his final order in the following words:- 'the appeal is dismissed under section 423 of the criminal procedure code.' it seems to us that that order cannot be sustained. admittedly it was made under section 423 of the criminal procedure code, that is to say, the appeal was dismissed not summarily, but after notice given under section 422. that being so, under section 424 it was incumbent on the learned magistrate to deliver a judgment which should fulfil the conditions laid down in section 367; in other words, the judgment must contain the point or points for.....
Judgment:

Batchelor, J.

1. This is an application in revision which is made to us in the following circumstances.

2. The two accused persons were convicted by the Second Class Magistrate of Parasgad of criminal breach of trust under Section 406 of the Indian Penal Code. From that conviction they appealed to the District Magistrate, and that learned Magistrate, though he took a careful note of the arguments addressed to him by the pleaders on both sides, passed his final order in the following words:- 'The appeal is dismissed under Section 423 of the Criminal Procedure Code.' It seems to us that that order cannot be sustained. Admittedly it was made under Section 423 of the Criminal Procedure Code, that is to say, the appeal was dismissed not summarily, but after notice given under Section 422. That being so, under Section 424 it was incumbent on the learned Magistrate to deliver a judgment which should fulfil the conditions laid down in Section 367; in other words, the judgment must contain the point or points for determination, the decision thereon, and the reasons for that decision. None of these matters is contained in the order under notice, and the result is that by the oversight of the learned District Magistrate the applicant, who by law is entitled to the independent opinion of the appellate Court, has not had the benefit of that opinion expressed as the law requires that it should be expressed. We have, therefore, no option but to allow this application. For, it is clear that Section 537(a) cannot be invoked in such a case as this where we are concerned not with any omission or irrgularity in a judgment, but with the absence of a judgment.

3. The District Magistrate's order must be reversed and the appeal must be remanded to him to be heard and decided in accordance with law. Rule made absolute.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //