RAM NARESH Vs. STATE

JUDGEMENT

(1.) THIS is au application under Section 461-A of the Code of Criminal Procedure. The prayer in the application reads thus:--

(2.) THE facts giving rise to the application are as follows. The applicant stood his trial (S. T. No. 7 of 1965) in the court of the learned Sessions Judge of Sultaupur for an offence punishable under Section 302 of the Indian Penal Code. He was convicted on the 29th of April, 1965 and sentenced to death. The learned Sessions Judge made the usual reference under Section 374 of the Code of Criminal Procedure to the Lucknow Bench of this Court, as Sultanpur was within the jurisdiction of that Bench. Apparently, the learned Sessions Judge was unaware of the provisions of the new Limitation Act whereunder limitation for filing an appeal in a case like the present is thirty days. Consequently, he informed the applicant that he could file an appeal to the High Court within seven days. The applicant sent an appeal from fail to the Lucknow Bench of this Court. On the 20th of May, 1965 a Division Bench of the Lucknow Bench of this Court, consisting of G. D. Sahgal and U. S. Srivastava, JJ. passed the following order:--- "admit and connect. " An application dated the 16th/17th of May, 1965 was sent by the applicant "to the Hon'ble the Chief Justice, High Court, Allahabad. " This application contained the following recital:--

(3.) ON the facts stated above, it is contended on behalf of the applicant that by virtue of S. S. Dhavan, J. 's order dated the 25th of May, 1965 passed on the applicant's application under Clause XIV of the U. P. High Courts Amalgamation Order 1048, the jurisdiction of the Lucknow Bench to hear the applicant's appeal and the connected reference stood cancelled. Presumably, in view of the assertion contained in paragraph 8 of the affidavit mentioned above, no intimation about the appeal and the application under Clause XIV or the U. P. High Courts Amalgamation Order 1948 and the orders passed thereon was sent to the Lucknow Bench.