STATE OF U P Vs. MAHIPAL @ MADU

JUDGEMENT

(1.) This Court vide order dated 30.7.1992 granted leave to appeal and admitted this Government Appeal against acquittal order. Since parentage and complete addresses of the respondents/accused persons were not mentioned in the memorandum (in short the memo) of appeal, therefore, learned A.G.A. vide order dated 26.8.1992 was directed to furnish parentage and complete addresses of the respondents so that this Court may issue warrants directing that the accused be arrested and brought before this Court or any other Subordinate Court as envisaged under section 390 of the Code of Criminal Procedure, 1973 (in short the Code). Section 382 of the Code enacts that every appeal shall be made in the form of petition in writing. No specific format of petition is prescribed in the Code nor the word 'petition' is defined anywhere in the Code. The meaning of word 'petition' as per Black Law Dictionary (IInd Edition) is a written address embodying prayer from the person preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the grant of some favour, privilege or license. Thus, the petition must necessarily contain the name and full particulars of the petitioner/applicant and also the name and complete particulars of the person against whom the petitioner has sought redress of some wrong or his grievances.

(2.) Rule 3 of Chapter XVIII of the Rules of this Court clearly lays down that every petition of appeal shall be accompanied by date/event wise synopsis of the case and inter alia shall further state the name and, where the opposite party is not the State, the address, if available, of each opposite party.

(3.) Thus, in view of the provisions of section 382 of the Code and as per the Rules of this Court, it is incumbent upon the Government Advocate to mention full particulars of the respondent/accused such as his parentage and complete address in memo of appeal presented to this Court.