RAM SINGH Vs. STATE

JUDGEMENT

(1.) This is an application made by one Ram Singh for a direction to the Additional District Magistrate not to call him after every ten days or so to appear before him. The facts of the case are that the petitioner was prosecuted and convicted under section 61(1)(a) of Punjab Excise Act of 1914. On appeal he was acquitted by the learned Sessions Judge of Ambala and an appeal against that order was filed by the State in this Court in which bailable warrants have been issued. It appears that after the warrants were issued the petitioner has been called upon by the Additional District Magistrate to appear in his Court but for what purpose is not quite clear, and under what law, that also is not clear.

(2.) When an appeal is admitted in this Court against an order of acquittal, the matter becomes sub judice and has to be decided in accordance with section 417, Criminal Procedure Code, but that does not give power to a Magistrate or a Sessions Judge to call upon the accused person to appear before him after every so many days or on days to be fixed by him.

(3.) The procedure adopted by the learned Additional District Magistrate is not warranted by any provision of law and I would therefore allow this petition and direct that till this Court decides the case the petitioner should not be called by the Additional District Magistrate in connection with an offence for which he has been acquitted. The rule is made absolute.