STATE OF ANDHRA PRADESH Vs. STATE

JUDGEMENT

(1.) As the case is coming from a tribal area of Srikakulam District, the learned Agency Magistrate by following the Criminal Procedure Code, 1898, committed the case to the Court of Session. The learned Sessions Judge registered the case as Sessions Case No. 19 of 1991 and made it over for disposal to the learned Additional Sessions Judge. The learned Additional Sessions Judge raised an objection that the committal order itself is bad as the provisions under the new Code of Criminal Procedure alone are applicable. The reason that has been given by the learned Additional Sessions Judge is that in S. 1(2)(b) of the Code of Criminal Procedure, 1973, the expression "tribal areas" has been mentioned. While construing the "tribal areas" the learned Additional Sessions Judge took into consideration the explanation to proviso to sub-sec. (2) of S. 1 of that Code read with para 20 of the Sixth Schedule to the Constitution and came to the conclusion that the "tribal areas" that have been mentioned therein do not cover the "tribal areas" in Andhra Pradesh and so in Andhra Pradesh the only Code that is applicable is the Code of Criminal Procedure 1973. The said sub-s. (2) of S. 1 of the Code of Criminal Procedure, 1973, reads as follows : "It extends to the whole of India except the State of Jammu and Kashmir : Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply. (a) to the State of Nagaland. (b) to the Tribal Areas.

(2.) but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be with such supplemental, incidental or consequential modifications, as may be specified in the notification.

(3.) Explanation :