Section 495: Appeal from orders under section 491
Section 495 provides for appeals relating to orders made under Section 491. It is an important part of the legal apparatus because it ensures that the judgments by judicial authorities can be appealed at certain times. This will ensure that in case of an order that is likely to affect the rights or freedom of an individual, an appropriate machinery is provided to give redress to him.
Every order passed by a Magistrate under section 491 shall be appealable to the Sessions Judge whose decision to either affirm or cancel or set aside the same would be taken by him on a consideration of the record.
Where the order is passed by a Court of Session, the appeal should be presented to the appellate court to which appeals from such courts are made. This ensures a definite process of judicial review, regardless of the court that heard the case initially.
Appeal orders under Section 495 serves the importance of providing an essential legal recourse for persons who would have been adversely
-affected by an order passed under Section 491. This appeals mechanism is a safeguard in any system as a result of which the court can review the case a second time to check on fairness and rights of individuals.
For instance, take the case that a person is released on bail by a Magistrate under Section 491. If a party aggrieved with this order considers it to be wrong legally or unjustly then this order can be appealed before the Sessions Judge. Similarly, when an order issued by a Court of Session is challenged, then it can be appealed before the appropriate higher Appellate Court. This helps keep the law clear and fair with avenues for remediation if errors occur.
