Srinagar: The J&K High Court on Friday sought an explanation from Law Secretary regarding steps taken by him for ensuring filing of an acquittal appeal against judgment by Sessions Court Bandipora in a case having genesis in a bull fight.
On November 16 last year, the Principal Sessions Judge Bandipora had acquitted one Nazir Ahmad Sheikh in case FIR (66/2001) under RPC sections of 447 (criminal trespass), 323(voluntarily causing hurt), 435 (Mischief by fire with intent to cause damage in case of agricultural produce) and 356 (Assault or criminal force in attempt to commit theft of property) at police station Sumbal in Bandipora district.
The case was filed on May 30, 2001 by one Manzoor Ahmad Sheikh along with his sister-in-law, alleging that while working in their field at Check Ganstan Bandipora, he had left his bull for grazing.
All of a sudden, he said, the bull quarreled with the bull of one Nazir Ahmad Sheikh.
He said that when he sent his sister-in-law to bring back the bull, the accused allegedly gave a slap on her face and also abused as also injured both, him and his sister-in-law.
A case FIR was registered and after investigation, a final report was filed and after trial the accused was acquitted in terms of the judgment on November 16, 2012.
As the state allegedly failed to file an acquittal appeal in terms of section 417 CrPC as necessitated by the law, Manzoor filed an application before the application seeking leave to file an appeal against the order of acquittal by the Sessions Court.
“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,” a single bench of Justice Ali Mohammad Magrey said while hearing the application.
“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,” the court said, adding, “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.”
Accordingly, the court asked the Law secretary to inform the court that whether concerned Public Prosecutor has submitted the judgment 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, directing that the information shall be submitted on affidavit after conducting preliminary enquiry into the matter.
“The needful shall be done within one month from the date copy of the order is furnished to Government Advocate Shuja-ul-Haq who is asked to ensure compliance of the order.”
The court also allowed the application seeking leave to file the appeal by Manzoor Ahmad Sheikh against the acquittal order.