Appeal from orders under section 446
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Summary
Orders under this provision are appealable. If a Magistrate made the order, the appeal goes to the Sessions Judge. If a Court of Sessions made the order, the appeal goes to the court that normally hears appeals against that Sessions Court.
Example
Priya gets an order under this provision from a Magistrate after a neighbour dispute. She files an appeal to the Sessions Judge, because appeals from Magistrates go there. If the order had been made by the Sessions Court instead, her appeal would go to the higher court that normally hears appeals from that Sessions Court.
Bare Act
Enacted textAll orders passed under section 446 shall be appealable,
(i) in the case of an order made by a Magistrate, to the Sessions Judge;
(ii) in the case of an order made by a Court of Sessions, to the Court to which an appeal lies from an order made by such Court.
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