Code:
(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and, if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.
Explain the Code:
This section outlines the circumstances under which an appeal can be made against an order passed by a Magistrate. It clarifies who can appeal, against which orders, and to which court. Here’s a breakdown:
- Appellate Jurisdiction: This section grants appellate jurisdiction to the Sessions Court against orders passed by a Magistrate. This means that if someone is dissatisfied with an order passed by a Magistrate, they can appeal the order to the Sessions Court.
- Appealable Orders: This section clarifies the types of orders that can be appealed. These include:
- Orders passed under Chapter VIII of the CrPC (relating to maintenance)
- Orders passed under Chapter XIII of the CrPC (relating to security for keeping the peace)
- Orders passed under Chapter XIV of the CrPC (relating to public nuisance)
- Orders passed under Chapter XV of the CrPC (relating to disputes regarding immovable property)
- Orders passed under Chapter XVI of the CrPC (relating to other miscellaneous matters)
- Who can Appeal: Any person aggrieved by the order of a Magistrate can appeal against it.
- Time Limit for Appeal: The appeal must be filed within 30 days from the date of the order. The Sessions Judge can extend the time limit in case of sufficient cause.
Illustrate the Code:
Suppose a Magistrate passes an order under Chapter VIII of the CrPC directing a husband to pay maintenance to his wife. The husband is dissatisfied with the order and believes it is unjustified. He can then appeal against the Magistrate’s order to the Sessions Court within 30 days of the order being passed.
Common Questions and Answers:
Q: Can I appeal against an order passed by a Magistrate under any section of the CrPC?
A: No, only the orders specifically mentioned in Section 341 CrPC can be appealed against.
Q: What if I miss the 30-day deadline for filing an appeal?
A: You can still apply to the Sessions Judge for an extension of time, but you will need to provide a strong reason for the delay.
Q: Can I directly appeal to the High Court against an order passed by a Magistrate?
A: No, you first need to appeal to the Sessions Court. Only if the Sessions Court’s decision is unsatisfactory can you appeal to the High Court.
