Law: Criminal Procedure Code (V of 1898)

Section: 517,510,423(1),423(d)439,317

(a) Criminal Procedure Code (V of 1898)------   ----Ss. 517 & 510 read with Ss. 423 (1) (d) &: 439Proceedings under S. 317-High Court not seized of appeal or revision in case-Whether has no jurisdiction to take any action under S. 510 Powers of appellate Court under S. 413(l)(d) and those of Court of appeal under S. 510-Independent of each other-Appeal against order of trial Court under S. 517 already disposed of-Power still vests in Court of appeal to entertain application under S. 510 and modify, cancel or alter such order.   Where it was contended that the High Court only when it was seized of an appeal under section 423 (t) (d), or a revision under section 439, Criminal Procedure Code, could pass an order under section 520, Cr. P. C. and that it had no jurisdiction to take any action under this section after the disposal of the appeal:   Held, that if it were so, the provisions of section 520, Cr. P. C., would be rendered completely redundant. The Court dealing with an appeal or revision has powers under the Code of Criminal Procedure independent of the provisions of section 520, Cr. P. C., to pass any order for the disposal or delivery of any property about which an order may have been passed under section 517, Cr. P. C. The Court of appeal is competent under sec tion 423(1) (d), Cr. P. C., to make any amendment or any conse quential or incidental order that may be just or proper, and by virtue of the powers so conferred can, therefore, vary an order passed under section 517, Cr. P. C. In exercise of its revisional jurisdic tion under section 439 (1) of the Code, the High Court can exercise the same powers which are conferred on a Court of appeal. The High Court, therefore, while hearing an appeal or revision can, without invoking the, provisions of section 520, Cr. P. C., set aside an order passed under section 517, Cr. P. C., and substitute in lieu thereof another order of its own. If an action under section 520, Cr. P. C. was competent only in a pending appeal or revision, there was no need to provide for it, because the appellate or revisional Court can pass the same orders in spite of that provision. On this construction of…