Chanda and Ors. vs State of U.P.

Virendra Saran, J.—Heard Sri Diwakar Singh, appearing on behalf of the appellants and Sri Ramendra Asthana, learned counsel for the complainant.

The order dated 29192, issuing warrants of arrest of the appellants is recalled.

This appeal has been filed against the order of the VI Asistant Sessions Judge, Kanpur Nagar. The learned Assistant Sessions Judge, has sentenced the appellants to five years'' R. I. and a fine of Rs. 5000. The appeal was filed in this Court on 2891988 and the appellants were directed to be released on bail and realisation of {fine'' from them had been stayed. Since the order ''under appeal was passed by the VI Assistant Sessions Judge, no appeal lies in this Court and the appeal should have been filed before the Sessions Judge, Kanpur Nagar.

Let the record of the appeal be transmitted to the Court of Sessions Judge, Kanpur Nagar who shall try to dispose of the appeal as early as possible. The office should transmit the record of this appeal within seven days and the appellants may appear before the Sessions Judge, Kanpur Nagar on 541993 and in case the appeal is not disposed of on the said date they may file fresh bail bonds for their appearance before the Sessions Judge, Kanpur Nagar. The learned Sessions Judge may pass such other and further orders which he may consider proper in the circumstances of the case.