Appeal against orders under section 452 or section 453
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Summary
Anyone aggrieved by an order made under sections 452 or 453 can appeal to the court that ordinarily hears appeals from the convicting court. The appellate court may stay the order while the appeal is pending, or modify, alter or annul it and pass any further just orders. The same powers can be exercised by courts handling appeal, confirmation or revision in the same case.
Example
Ravi’s shop stock was ordered by the trial court to be sold under an order under section 452, and he is aggrieved. He appeals to the appellate court that hears appeals from that trial court. The appellate court may stay the sale until the appeal is decided, or it may change or cancel the trial court’s order.
Bare Act
Enacted text(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.
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