Sun. Sep 20th, 2020

Section 449 Appeal from order under section 446

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Section 449 Appeal from order under section 446

All orders passed under section 446 shall be appealable, –

(i) In the case of an order made by a Magistrate, to the Sessions Judge;

(ii) In the case of an order made by a Court of Sessions, to the court to which an appeal lies from an order made by such court.

COMMENTS

The order in the case was passed by chief matropolitan Magistrate and hence the appeal preserred by appellants before the Sessions courts were according to Law .Clause (11) of section 449 will not apply in any c ase where the appeal lies to session court as the  said clause deals with a different situation when the original order has been passed by Kunju V. state of karnataka ,AIR 2000 SC  6: 2000 Cr LJ 165 (SC)

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