STATE OF J &K Vs. FAROOQ AHMED SHEIKH

JUDGEMENT

(1.) By the medium of this petition the State has questioned the order dated 7.2.2002 passed by the Principal Sessions Judge (Special Judge), Jammu, whereby Respondent No. 2 came to be discharged of all the offences, charge was framed against Respondent No. 1 for the commission of offence punishable under Section 474 of Ranbir Penal Code (hereinafter, for short RPC), 8/56 F.E.R.A, Respondent No. 3 for the commission of offence punishable under Section 466,473 and 201 RPC and Respondent No. 4 for the commission of offence punishable under Sections 419 and 420 RPC.

(2.) The question is whether this petition is maintainable.

(3.) Enemy Agents Ordinance (hereafter, for short, EAO) contains special procedure and provides mechanism as to how final report is to be presented, charge is to be framed, trial is to be conducted and what is the remedy for conviction and acquittal. It also provides the method and manner of recording evidence. All the provisions contained in Code of Criminal Procedure are not applicable. It is apt to reproduce Section 9 of EAO: