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Ram Padarath Singh Vs. Kishori Lal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Case NumberCriminal Revn. No. 951 of 1957
Judge
Reported inAIR1960All481
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 522, 522(1) and 522(3)
AppellantRam Padarath Singh
RespondentKishori Lal
Appellant AdvocateM.A. Kazmi, Adv.
Respondent AdvocateDaya Shankar Tiwari, Adv.
DispositionApplication dismissed
Excerpt:
criminal - time till when appellate court can pass order - section 522 (3) of criminal procedure code, 1898 - trial court allowed to pass order under section 522 (3) - while convicting the accused or within month or more of date of conviction - can pass order beyond one month only if it has not disposed of the appeal. - .....the accused or within one month of the date of conviction; an appellate court can pass such an order even though more than a month has expired since the, conviction. the power conferred by sub-section (3) upon, an appellate court is same as the power conferred upon a trial court by sub-section (1), but the limitation imposed by sub-section (1) on the exercise of the power by a trial court does not govern the exercise of the power by an appellate court. an appellate court's jurisdiction to pass an order under section 522 is not lost by the expiry of one month since the conviction. it may not have the jurisdiction to pass such an order after it has disposed of the appeal and thereby become functus officio but it has certainly jurisdiction to pass it while disposing of the appeal.....
Judgment:
ORDER

M.C. Desai, J.

1. It was pleaded on behalf of the applicant that the order passed by the Sessions Judge, Sultanpur restoring possession over the plots to the complainant is against the provisions of Section 522, Cr. P. C. on account of there being no evidence of any use, or show, of criminal force and because the order was passed more than a month after the date on which the applicant was convicted. I do not; find any substance in this plea. There is evidence that the applicant dispossessed Kishorilal by force or show of force. A trial Court can pass an order under Section 522, Cr. P. C.; either while convicting the accused or within one month of the date of conviction; an appellate Court can pass such an Order even though more than a month has expired since the, conviction. The power conferred by Sub-section (3) upon, an appellate Court is same as the power conferred upon a trial Court by Sub-section (1), but the limitation imposed by Sub-section (1) on the exercise of the power by a trial court does not govern the exercise of the power by an appellate Court. An appellate Court's jurisdiction to pass an order under Section 522 is not lost by the expiry of one month since the conviction. It may not have the jurisdiction to pass such an order after it has disposed of the appeal and thereby become functus officio but it has certainly jurisdiction to pass it while disposing of the appeal regardless of the time that has elapsed since the conviction. I do not find anything illegal or improper in the conviction of the applicant under Section 447, I. P. C.

2. The application is dismissed.


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