Code of Criminal Procedure, 1973

Appeal

341 . (1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.

COMMENTS

LAW COMMISSION REPORTS

Order under sub-section (2) final - Sub-section (2) is a new provision, the reason for which has been explained by the Law Commission thus :

"Orders under sections 476, 476A and 476B are, at present, regarded as subject to revision. In our view, the right of appeal conferred by section 476B is enough and there should be no further proceeding by way of revision against such orders. An order under section 476 or under section 476A should be final, subject to the appeal provided for by section 476B; and an order under section 476B should be final, being itself an order passed on appeal. It is also necessary to set at rest the controversy as to whether the provisions of the Code of Civil Procedure or of the Code of Criminal Procedure will apply where the order of a Civil Court passed under section 476 is challenged in revision."