STATE OF JAMMU AND KASHMIR Vs. MOHAMMAD RAMZAN

JUDGEMENT

(1.) The learned Principal Sessions Judge, Baramulla (for short "the Referral Court") has made this Reference under Sec. 432 of the Code of Criminal Procedure and has sought further directions as deemed appropriate in the matter.

(2.) The Respondents were convicted and sentenced by the Court of learned Additional Sessions Judge, Baramulla vide Judgment dated 13th of December, 2007 in FIR No. 80/1988 for the commission of offences punishable under Ss. 302, 452, 149, 336, 354 and 148 of the Ranbir Penal Code (RPC). The Respondents preferred an appeal before this Court which came to be registered as Cr. Appeal No. 11/2007, wherein, this Court, vide Order dated 27th of February, 2009, allowed the appeal on a technical ground that the trial Court viz. Additional Sessions Judge, Baramulla was, in fact, a civil Court and not established as a Court of Sessions under Sec. 9 of the Code of Criminal Procedure. Simultaneously, the Referral Court was directed to hear the case and pass a Judgment in accordance with the provisions of law governing the subject.

(3.) Thereafter, during the course of proceedings before the Referral Court, the learned Counsel appearing for the Respondents placed on record a copy of the notification dated 30th of October, 2008 (SRO 350) and, as per the said SRO, the Additional Sessions Judge, Baramulla was conferred with the powers of a Sessions Judge within the territorial jurisdiction of Sessions Court, Baramulla w.e.f. 30th of August, 2005. After perusing the contents of the aforesaid SRO, the Referral Court, accordingly, on 8th of August, 2014, while making the present Reference, noted that the said SRO 350 was not brought to the notice of this Court when the appeal was taken up and heard, resulting in the passing of Order dated 27th of February, 2009 by this Court. It is under these circumstances that the Referral Court has made the instant Reference before this Court for the issuance of appropriate directions.