Supreme Court · 1962 INSC 57 · Decided 15 February 1962
The State of Uttar Pradesh v. Shawkar and Another
- Court
- Supreme Court of India
- Citation
- 1962 INSC 57 · [1962] SUPP. 3 S.C.R. 213
- Case number
- CRIMINAL APPEAL No. 206/1960
- Decided
- 15 February 1962
- Bench
- J.L. KAPUR, K.C. DAS GUPTA, RAGHUBAR DAYAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 326, 34; CrPC Section 423(1)(b), 561A, 423
Headnote
SUPREME COURT REPORTS THE STATE OF UTTAR PRADESH v. SHAWKAR AND ANOTHER 213 (J. L. KAPUR, K. C. DAS GUPTA and R~GHUB.Ut DAYAL, JJ.) Power of Appellate Court-Conviction b11 MagiatraU­ A ppeal to Sessions Court-If can direct commitment of acc~ed-­ Code of Criminal Procedure, 1898, (Act V the case to be committed tO the Court of Session. On revision the High Court set aside the orde~ holding that the Sessions Judge had, in an appeal against conviction, no power to direct commitment to the Court of Session. Hdd, that the words of s. 423 (1) (b) of the Code of Criminal
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