Sihori vs State

H.N. Kapoor, J.—The Applicant has been convicted u/s 10 of the U.P. Goondas Act No. 8 of 1971 and sentenced to one year's R.I. and a fine of Rs. 100/-. He has filed an appeal against that order which was dismissed on the ground that no appeal lay u/s 13 of the Act. A ground has been taken that the appellate court should have exercised powers u/s 435 Code of Criminal Procedure treating it to be a revision. Further ground was also taken that Section 13 of the U.P. Goondas Act is hit by Article 354 of the Constitution of India as it cannot override the unfettered revisional power vested in the revisional Judge.

In my opinion, the learned Sessions Judge has wrongly interpreted Section 13 of the Act. It obviously refers to various actions taken under the Act which cannot be challenged in any court but it certainly does not refer to a prosecution. When once prosecution is ordered and the accused has been convicted, the provisions of Code of Criminal Procedure will apply and appeal and revision both will lie. There are similar provisions under the Income Tax Act and Sales Tax Act, but it has not been held that since a prosecution has been ordered under those Acts, Code of Criminal Procedure will not apply. The lower appellate court clearly erred in holding that no appeal lay against the order of the conviction.

The revision is accordingly allowed and the order dt. 18-9-1973 of the Sessions Judge is set aside. The case is sent back to him with a direction that he shall hear the appeal and decide in according to law.