Law: Criminal Procedure Code (V of 1898)

Section: 419

  Criminal Procedure Code (V of 1898),   S. 419---Provision to be construed liberally---Memorandum of appeal accompanied by power -of-attorney duly, signed by counsel-Can be presented by another Advocate or even by clerk of counsel-Personal appearance of, counsel engaged not necessary.   Queen-Empress v. Karuppaudayan and others I L R 20 Mad. 87 and Abdul Jabbar v. Emperor A I R 1944 Oudh 87 ref.   Date of hearing: 7th December 1964.     JUDGMENT   Kashmira Singh was convicted under section 167 (8-9) of the Land Customs Act and sentenced to two years' rigorous imprisonment by Mr. Mahmood Khan Section 30 Magistrate, Lahore. The appeal filed on his behalf has been dismissed by Sardar Muhammad Amir Akbar Khan, Additional Sessions Judge, Lahore, as incompetent. This is a revision petition against the order of the learned Additional Sessions Judge.   The learned Additional Sessions Judge declared the appeal as incompetent on theground that Mangal Singh who held a power -of-attorney from Kashmira Singh had engaged Sh. Shaukat Ali Advocate for filing the appeal but the appeal was presented by Mr. Agha Ali, Pleader, for Sh. Shaukat Ali, Advocate, as such, the appeal was not presented by a duly authorised person.   This order of the learned Additional Sessions Judge cannot be maintained. I haveseen the power-of-attorney. It is signed by Kashmira Singh himself and his thumb-impression had been attested by the Jail Superintendent. In any case Sh. Shaukat Ali, Advocate, was duly appointed to conduct the case on behalf of Kashmira Singh. The appeal was signed by, him. The presentation of the appeal in the Sessions Court is to be done before the Clerk of the Court. It is not necessary for the Advocate to personally appear for presenting an appeal. He can ask another Advocate or his junior to go and present it. Even on oral instruction a counsel can appear for another counsel. When the appeal came up for a hearing Mr. Shaukat Ali appeared and stated that the appeal was presented by Mr. Agha Ali Pleader, under his instructions and that he was prepared to argue the appeal but the learned Additional Sessions Judge did not hear him…