LAL SINGH Vs. STATE OF PANJAB

JUDGEMENT

(1.) WHETHER the State 'government can review or recall its decision under Section 378 of the Code of Criminal Procedure, 1973 to prefer an appeal against an order of acquittal, before its actual presentation in the High Court is the somewhat significant question which falls for determination before this Full Bench,

(2.) THE facts giving rise to the issue though of somewhat political prominence, lie in a narrow compass. On the Baisakhi day of April 1. 3, 1978, a gruesome incident took place near the Railway Stadium, Amritsar, in which as many as 17 persons, including Dharam-vir Singh, the son of Lai Singh petitioner, lost their lives. Consequent thereto a criminal case was registered in which Baba Gurbachan Singh (now dead), the then Head of the Nirankari Sect, and sixty respondents were challaned and committed to Sessions to stand their trial on the charges of murder, criminal conspiracy and other allied offences. Later, under the orders of the Supreme Court of India the case was transferred to the Court of Session at Karnal for trial. Mr. R. S. Gupta, the learned Sessions Judge, Karnal, by his judgment dated January 4, 1980, acquitted all the accused persons.

(3.) THE petitioner avers that he is an illiterate old man of about 70 years, who has suffered a cruel blow by the death of his son and is otherwise unaware of the intricate procedure of law and statutory requirements. He had first learnt that the State Government had decided to appeal against the order of acquittal. However, later he had come tand know that no such appeal was being preferred under the orders of the Government. The copy of the letter of the District Magistrate, Amritsar, dated April 18. 1980, to the effect that the Government has given its decision that the case was not fit for filing an appeal is an-nexure P/1 to the writ petition.