Whether orders passed under Sections 452 and 453 of the Code of Criminal Procedure appealable? If so, to what Court does an appeal lie?

Question: Whether orders passed under Sections 452 and 453 of the Code of Criminal Procedure appealable? If so, to what Court does an appeal lie?

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Answer

The order of the Court made under Section 452 or 453 may be modified, altered, or annulled by the appellate court, or it may be confirmed or revised in appeal. It is correct to say that the orders passed under sections 452 and 453 of the Code of Criminal Procedure are appealable. Section 454 in the Code of Criminal Procedure, 1973 deals with Appeals against orders section 452 or section 453. The section runs down as below:

“(1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) the powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.”

The wordings of the present section have been so framed as to indicate that a party aggrieved—the words used are “any person aggrieved”—possesses a substantive right of appeal against the order made by a Court under the two preceding sections. The section also provides for a stay of the operation of the order pending the disposal of the appeal.

The Court of appeal mentioned in this section must be a Court of appeal as contemplated by Chapter XXIX of the Code. There is nothing in terms of this section justifying the view that the words “Court of the appeal” in the section mean only the Court to which either of the parties to the criminal case has appealed or could appeal.

As explained in Shabhapati Dobey v. Ramkishan Kumar (1935) 62 Cal 861, the wording of the section rather indicates that the Court of appeal is any Court, which has powers of appeal, i.e., any Court to which appeals would ordinarily lie from the decision of the Magistrate by whom the case was tried. The Court of revision within the meaning of this section must be a Court of revision as contemplated by Chapter XXX of the Code. The Sessions Judge or the Additional Sessions Judge is not a Court of revision within the meaning of this section.

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