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PEER BUX versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Peer Bux v. State Of U.P. And Others - APPLICATION U/s 482 No. 17520 of 2005 [2005] RD-AH 7255 (9 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard Sri S. S. Tomar, learned counsel for the applicant, learned A.G.A. and perused the record.

Application under Section 482 Cr.P.C. has been filed to direct the learned Trial Court to adopt the procedure of Cr.P.C. for hearing the case under Protection of Human Rights Act, 1993(herein after referred as Act).

The contention of the learned counsel for the applicant is that a case no. 1/70/2003 is pending in the Court of Addl. Sessions Judge, Court no. 2, Fatehpur and that the learned Trial Court be directed to follow the procedure as prescribed in the Criminal Procedure Code. The applicant has filed the certified copy of the order and it shows that proceedings are held up because no public prosecutor has been appointed as provided under Section 31 of the Act to conduct the proceedings.

Section 30 of the Act reads as under:

Human Rights Courts: For the purpose of providing for speedy trial of offences arising out of violation of human rights, the State Government by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences:

Provided that nothing in this section shall apply if-

(a) a Court of Session is already specified as a special Court; or

(b) a special Court is already constituted,

for such offences under any other law for the time being in force.

Section 31 of the Act provides for special public prosecutor for conducting the case under this Act. The procedure that has to be followed by the Special Court created under Section 30, has not been specified, although  that   Court has to try the accused for offences arising out of the violation of Human Rights.

Section 4 of the Cr. P.C. Provides for trial of offences under Indian Penal Code and other laws and reads as under:-

Trial of offences under the Indian Penal Code and other laws:-

(i) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(ii)All offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being enforce regulating the manner or place of investigating inquiring into, trying or otherwise dealing with such offences.

It shows that if there is any enactment for the time being inforce regarding    the manner of place of investigating inquiring into, trying or otherwise dealing with such offences that has to be followed otherwise the case has to be tried according to the provisions of the Cr. P.C. Under the Act no procedure has been provided and even there is no mention of the fact whether the Code of Criminal Procedure is applicable or not. Even in the definition clause no reference of the Cr.P.C. has been made.

In such circumstances, learned Trial Court should ascertain from the law department of State Government if there is any enactment prescribing the procedure to be followed for the hearing of case under Section 30 of the Act, 1993. If not, the procedure as prescribed in Criminal Procedure Code has to be followed.

Application is finally disposed of with above observation.

Dated:

RKS/17520/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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