Chand Khan vs The Empress on 28 May, 1883

JUDGMENT

Prinsep, J.

1. We think that no appeal lies in this case. Section 406 provides expressly for an appeal on behalf of a person required by a Magistrate, other than the District Magistrate or a Presidency Magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. The order moreover is not a conviction on a trial held by a Sessions Judge (Section 410), nor a sentence of the District Magistrate subject to the confirmation of the Sessions Judge (Section 408a), and, therefore under Section 404 no appeal would lie.