449. Appeal from orders 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:
(i) Challenging order imposing penalty by way of appeal as second appeal before High Court not maintainable;
Mohammed Kunju v. State of Karnataka, AIR 2000 SC 6: 2000 Cr LJ 165 (SC).
(ii) The order in this case was passed by Chief Metropolitan Magistrate and hence the appeals preferred by appellants before the Sessions Court were according to law. Clause (ii) of section 449 will not apply in any case where the appeal lies to Session Court as the said clause deals with a different situation when the original order has been passed by the Sessions Court in which the case appeal normally lies to the High Court;
Mohammed Kunju v. State of Karnataka, AIR 2000 SC 6: 2000 Cr LJ 165 (SC).
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