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| HC seeks explanation from Law Secy for steps in acquittal appeal | | | Early Times Report
Srinagar, Feb 21: The Jammu and Kashmir High Court today asked Law Secretary to explain steps taken by him for ensuring filing of an acquittal appeal in terms of Section 417 Cr.PC.
A single bench of the High Court comprising Justice Ali Mohammad Magrey passed the orders in application seeking leave to file an appeal against the order of acquittal dated 16 November 2012 passed by the Principal session Judge, Bandipora in a case (FIR 66/2001) registered under RPC sections of 447, 323, 435 and 356 at police station Sumbal in Bandipora.
"This is the matter of grave concern that despite the State apparatus placed in position in terms of Criminal Procedure Code for ensuring justice to the victims and holding trust is not acting in the manner required," the court observed.
The court further observed that the rights of the citizens are guaranteed under the Constitution of India and in order to ensure these rights are protected by the authorities enshrined with such duties, the law has already provided a mechanism.
"In the present case, it appears that the State has failed to take steps for ensuring compliance of Section 417 CrPC and no appeal is taken against the acquittal, which calls for explanation from the Secretary to Government Law Department on affidavit," the court said and accordingly asked him to inform the court that whether public prosecutor of the Court of Principal Sessions Judge, Bandipora has submitted the Judgment dated 16.11.2012, whereby the accused stand acquitted to the law department.
"In case the answer is in affirmative, what steps the law Department has taken for ensuring filing of acquittal appeal in terms of Section 417 CrPC," the court said, adding, "The information shall be submitted on affidavit after conducting preliminary enquiry into the matter."
The court directed that the needful shall be done within one month from the date copy of the order was furnished to Government advocate who was asked to ensure compliance of the order.
The court also allowed the leave to file the appeal by the complainant by one Manzoor Ahmad Sheikh against Nazir Ahmad Sheikh.
In the application, Sheikh through his counsel submitted he had filed a complainant on 30.05.2001 in an Injured condition along with one Mrs Bilquees (his sister-in-law) with police station Sumbal alleging therein that he was working in his field at Check Ganstan along with his sister-in-law where he left his bull for grazing purpose and bull owned by him fought with the bull of accused.
He said that when he sent his sister-in-law to bring back bull, the accused gave a slap on her and also abused as also injured both, him and his sister-in-law.
Case FIR No. 66/2001 at Police Station Sumbal under Section 447, 323, 435, 356 RFC was registered and on investigation final report was filed and after trial the accused was acquitted in terms of the Judgment dated l6.11.2012.
Counsel for the applicant submitted that State has not made an endeavour to ensure compliance of the provisions of Criminal Procedure Code and have not filed any appeal as required under Section 147 Cr.PC therefore, leaving no option but to defend the instant application seeking special leave. |
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