STATE OF PUNJA Vs. ASHOK KUMAR @ JAGGU

JUDGEMENT

(1.) This criminal appeal arises out of the judgment dated 23.07.2007 passed by the Additional Sessions Judge (Judge Special Court), Gurdaspur, in Sessions Case No. 248 of 2006, recording acquittal by writing a scanty order, without going into the appreciation of evidence, only on the ground that as the Investigating Officer, being below the rank of S.I. was not empowered to conduct the investigation, hence the investigation was vitiated. He closed the evidence by order and recorded acquittal of the accused.

(2.) LEARNED State counsel has referred to a notification issued by the State Government, which reads as :

(3.) IN view of the aforesaid notification, we accept the appeal and set aside the impugned judgment by remanding case to the Court of Sessions Judge, Gurdaspur to proceed afresh with the case in accordance with law. Appeal allowed.