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Appeal against orders under section 452 or section 453

Appeal against orders under section 452 or section 453 :

Section – 454. (1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

COMMENTS

LAW COMMISSION REPORTS

Section 453 corresponds to section 519 of the old Code. There is no change in the old provision.

Right of appeal against orders passed under the preceding two sections – Section 454 corresponds to section 520 of the old Code. The language of old section 520 was somewhat ambiguous and there was a conflict of judicial decisions on its interpretation as to whether there was or was not an independent right of appeal conferred on any party against an order passed under any of the three preceding sections. That section has therefore been altered, conferring a right of appeal on any person aggrieved by a court’s order under section 452 or 453. Apart from resolving conflicting judicial decisions, the provision was considered necessary because the party aggrieved by the order under those sections might not be the same as the party aggrieved by the main judgment. In the words of the Law Commission :

“Thus, if in a prosecution under section 411 of the Indian Penal Code, the case ends in acquittal and the trial court directs the alleged stolen property to be returned to the accused, the State may not care to prefer an appeal against to order of acquittal. But the informant may desire to challenge the order for order for disposal of property on the ground that it was his property and wrongfully, taken away from his possession. Unless an independent right of appeal under section 517 is conferred on him, he will be without any direct remedy. Then again, there may be instances where, apart from the informant or complainant and the accused, there may be a third party who may be entitled to possession of the property or to compensation as provided in section 519. He may be aggrieved by the order passed by the trial court under any of the three preceding sections, and he will be without any remedy unless an express right of appeal is conferred”.

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