STATE OF NAGALAND Vs. AKUM AO

JUDGEMENT

(1.) Short but an interesting question of law is involved in this present criminal appeal. The issue is whether the learned Single Judge can suo moto initiate a proceeding exercising the inherent power under Section 482 Cr.P.C. as well as revisional jurisdiction under Section 401 Cr.P.C. against a judgment and order passed by the criminal Court below awarding lesser sentence to one accused and acquitting the other accused, by calling for the records from the trial Court and directing to register a criminal appeal to be heard by Division Bench when there is specific provision to assail the impugned judgment & order by appeal for enhancement of the sentence as well as against the acquittal as provided under Section 377 & 378 Cr.P.C.

(2.) This criminal appeal has been posted before the Division Bench by order dated 6.6.94 passed by the learned Single Judge in Civil Rule No. 69(K) 1994. The learned Single Judge of this Court, while dealing with a writ petition being C.R. No. 69(K)/94 had passed the order dated 6.6.94 which is quoted below:

(3.) A cursory reading of the aforesaid order clearly indicates that the learned Single Judge while exercising the inherent power under Section 482 Cr.P.C. read with Section 401 Cr.P.C., suo moto called for the records of Dimapur P.S. Case No. 18(12)90 under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter in short referred to as NDPS, Act) corresponding to GR Case No. 753/90 disposed of by the learned A.D.C.(J) Dimapur on 26.11.92. Pursuant to the aforesaid order of calling for the records of the above mentioned case, the Deputy Commissioner (J) Dimapur sent the case records as ordered. On receipt of the said records, on 13.3.95 the learned Single Judge, in the same Civil Rule No. 69(K)94 directed the Registry to register the case as an appeal when the learned PP, Nagaland was proposed to be treated as an appellant in the case. Consequently, appeal was admitted and notice was issued to the respective accused persons. For the sake of convenience., the order dated 13.3.95 is extracted herein below: