AIR 1926 SINDH 215

Sindh High Court

Hon'ble Judge(s): Kennedy, Tyabji , JJ

(A) Criminal P.C. (5 of 1898) , S.476— Case in which offence was commuted transferred to another Court - Latter Court alone has jurisdiction under S. 476. The only Court competent to exercise the powers under S. 476 is the Court having jurisdiction over the suit in respect of which the offence has been committed whether the case comas to its file by transfer from any other Court or otherwise. (B) Limitation Act (9 of 1908) , S.5— Criminal appeal- Time cannot be extended In an application of a criminal nature it would not be proper to extend the time given for the appeal even if the delay arises in consequence of any genuine mistake which could have been averted by a proper enquiry. (C) Criminal P.C. (5 of 1898) , S.439— Appeal cannot be treated as revision. Under the Criminal P. C. no applications for revision lie in cases in which an appeal lies, and therefore it is impossible for an appeal filed beyond limitation to be treated as an application for revision as far as criminal procedure goes. (D) Civil P.C. (5 of 1908) , S.115— - Order by Civil Court under S. 476, Criminal P. C., cannot be revised....