Sheo Narain Tandon vs The State on 1 May, 1958
2. Sri S. N. Tandon then preferred an appeal to the learned Sessions Judge of Lucknow. A preliminary objection was raised there that no appeal lay because the learned Magistrate had not passed any sentence on the appellant. The learned Sessions Judge relying on the case of Hari Charan v. State, reported in 1950 All WR 678: (AIR 1951 All 442), held that no appeal lay under Section 408, Criminal Procedure Code. The appeal was, accordingly dismissed as being not maintainable.