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Criminal Appeal No. 231 of 1951, decided in January 1952.

, S. 486.‑Appeals from conviction in contempt cases under section 480 (1) Whether person other than accused can appeal.

Section 486 of the Criminal P. C. allows only the person sentenced under section 480 to prefer an appeal against his conviction. No other person has the right under the section to prefer an appeal.

Where therefore, an appeal was filed by the Public Prose cutor under instructions from the District Magistrate and the Public Prosecutor was not instructed by the accused.

Held, the Public Prosecutor had no right to prefer an appeal.

Appellant not represented.

Raymond for the Crown.

In this case the learned Additional City Magistrate convicted the accused under section 228, Pakistan P. C. and sentenced him to pay a fine of Rs. 2, acting under section 480, Criminal P. C. The accused was an armed constable, and the charge was that the Court peon asked him to stay outside. The constable's case was that he had come to guard a prisoner, in reply to which the Magistrate pointed out that the prisoner. was already guarded by one head constable and two constables. It appears that the constable, in the words of the judgment: " started fighting with and shouted out" thus causing interruption to the learned Magistrate.

The appeal has been filed by the learned Public Prosecutor under instructions from the District Magistrate. There is not a word in the appeal memo to show that the Public Prosecutor has been instructed by the accused. Section 486 provides that an appeal may be lodged by any person sentenced by any Court under section 480. It does not allow an appeal by any other person.

On this preliminary ground, therefore, the appeal must be dismissed.

K. B. A. Appeal dismissed.

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