K.M. Kunjukoru Chinnappan vs Neelakantan Chettiar on 3 April, 1981
3. The decision. Ramakrishna Chettiar v. State of Kerala 1977 Ker LT 153 : 1977 Cri LJ 1872 was in relation to the dismissal of an appeal by an Assistant Sessions Judge, on the ground of bar of limitation. Under Section 374 (3) an appeal against the conviction from the Magistrate lies to the Court of Session. Section 381 mentions how as appeal to the Court of Session should be heard and under Sub-section (2) of that section an Assistant Sessions Judge is to hear only such appeals as the Sessions Judge by general or special order makes over to him or as the High Court by special order directs him to hear. Interpreting the above sections it was held by me that the Court of Session is to transfer and the Assistant Sessions Judge is to hear only appeals properly filed and that in cases where the appeal is filed beyond the period of limitation it is for the Court of Session to decide whether the appeal should be received after condoning delay. That is because Section 381 deals with only how an appeal to Court of Session is heard. But the subject matter here is not an appeal but a revision petition filed against an order of the Sub-Divisional Magistrate, Section 400 provides that the Additional Sessions Judge shall have and may exercise all powers of the Sessions Judge under Chapter XXX in respect of any case that may be transferred to him by or under any general or special order of the Sessions Judge. Evidently, this includes the power to dispose of an application for condoning the delay in a case transferred to him by the Sessions Judge, even if such at application is filed after the transfer.