x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Stop behaving like ‘feudal lord’: Imran Ansari tells Omar Abdullah | Satellite-based toll collection system to replace toll plazas: Nitin Gadkari | MHA extends validity of FCRA registered NGOs | India’s borders totally secure: Rajnath Singh | ‘Govt open to change in Agniveer scheme’ | CS reviews development of skilling portal by BISAG | Leopard snatches 5-year-old girl | Rains lash Kashmir, more in offing | Notification issued for Jammu Lok Sabha seat | 11 injured in Poonch accident | Properties of drug peddler attached | JKBOSE reschedules 11th class exams | Yoga competition held | BLOs imparted Training about electoral process at different assembly segments of Kupwara | SVEEP programme Galvanizes Participation in electoral process at High School Nagulta | Missing girl traced out within 2 days, reunited with family | Police Reunites missing girl with Family | PCCF chairs 8th UT Level Monitoring Committee meeting | Police thwarts bovine smuggling bid, Apprehends Culprits | DEO flags-off SVEEP Van for Voter awareness in Kulgam | Chorus Grows Louder | Hilly, rural areas confronting development deficit under J&K Govt: Sadhotra | Ex-Army Chief VK Singh Sabotaged Revocation Of AFSPA In J-K, Alleges Omar Abdullah | CUK declares Mar-29, 30 as working days for all non-teaching staff | RGCN organizes workshop on Nursing edcuation | Secretary Sports Council Inaugurates Softball/Baseball5 Championship 2023-24 | GDC Vijaypur Starts Lecture Series | GDC Ramnagar conducts programme on Nasha Mukti Se Yuva Shakti | SPMR College Organizes SVEEP Programme Promoting Voter Awareness | Khour Holds Successful Anti-Drug Awareness Programme | Students Rally Against Drug Abuse in Dewan Devi Public School Event | Psychological Support for Young Adults: Lecture at GDC Bishnah | GDC Udhampur organizes awareness programme | Jammu Police started proceedings under section 82 CrPc against a Psa Absconder | Amit chairs meeting in Ladakh | Two persons injured in scuffle in Bemina Srinagar | Back Issues  
 
news details
Lok Adalat can't convict accused on basis of confessional statement: HC
11/2/2019 11:23:33 PM

EarlyTimes Report

Jammu, Nov 2: High Court held that the Lok Adalat does not have any power to convict the accused either on the basis of confessional statement or otherwise, this significant judgment has been passed in a petition challenging award passed by National Lok Adalat presided over by Chief Judicial Magistrate Chadoora, whereby, the petitioner-accused in FIR No.76 of 2013 registered in Police Station, Nowgam Under Section 3/4 of the Public Gambling Act, 1977 (hereafter forshort "the Public Gambling Act") has been convicted and imposed a fine of Rs.4000/-.
Justice Sanjeev Kumar after hearing both the sides observed that from the proviso appended to Sub Section (4), it is abundantly clear that the Lok Adalat does not have any jurisdiction in respect of any matter relating to an offence which is not compoundable under any law. The offence under the Public Gambling Act is not compoundable. That being the position, the Lok Adalat does not have any jurisdiction to compound such offences even with the consent of the parties.
That apart, the jurisdiction of the Lok Adalat is to settle the matters amicably and with the consent of the parties. The jurisdiction of the Lok Adalat with respect to the offence is only limited to the settlement of the offences which are compoundable under law and even in such cases the Lok Adalat has no jurisdiction to convict the accused and award punishment including the punishment of fine. Needless to say that award of Lok Adalat is neither verdict nor any opinion arrived at by any decision making process. Furthermore, in terms of Section 345 Sub Section (6) of the Code of Criminal Procedure Samvat 1989, the composition of an offence has the effect of acquittal of the accused with whom the offence has been compounded. It is the acquittal and not conviction that shall follow composition of offence. Justice Sanjeev Kumar further observed that being the legal position, the impugned order passed by the Lok Adalat is not sustainable in law. It is for the reason that Lok Adalat does not have any power to convict the accused either on the basis of confessional statement or otherwise. It has only power to compound the offence provided the same is so provided under any law. The composition of offence would result in acquittal of the accused and not conviction. Imposition of fine is a punishment and, therefore, cannot be imposed while compounding an offence. With these observations, Justice Sanjeev Kumar quashed the award passed by the National Lok Adalat is without the jurisdiction and, therefore, nullity in law. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU