High CourtsDivision Bench(1896) 07 MAD CK 0006

Queen-Empress vs Vasudevayya

Madras High Court · Decided on 23 July 1896 · Citation: (1896) ILR (Mad) 355 : (1896) ILR (Mad) 354

HON’BLE JUDGES
Daveis, J · Boddam, J

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Judgment

7 paragraphs · 167 words
1.

As ruled by the learned Chief Justice in Queen-Empress v. Arlappa ILR 15 Mad. 137 the word "presented" in Section 419 of the Code of

Criminal Procedure ""evidently means that such petition shall be delivered to the proper officer of the Court either by the appellant or his pleader.

2.

It is clear that what the law requires is that the petition of appeal be presented by one or other of those two persons, and not by anybody else.

In order to secure this, it is necessary that the presentation be made in person. So that the same reason applies for not recognizing a petition found

in a petition box as to one sent by post, namely, that it might have been deposited there by a third person who could not legally present it. The

Head Assistant Magistrate was, therefore, right in returning the petition of appeal in this case for legal presentation, and when that presentation was

made, the appeal being time-barred was rightly rejected.