JEHLUM EXPORTS Vs. SURJIT KUMAR BAGHAT

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking review of the order dated 7.2.2005 passed by a Coordinate Bench of this Court (Hon'ble Mr. Justice Hakim Imtiyaz Hussain, as his Lordship then was) in Criminal Appeal No. 10 of 2004. In terms of order dated 7.2.2005, the Criminal Appeal itself was held to be not maintainable under the provisions of the Code of Criminal Procedure. The facts as disclosed in the said order reveal that in a civil proceeding pending before the II Additional District Judge, Srinagar, an application was filed by the review-petitioner stating therein that the officials of the court had removed the notice on the file and substituted it with some other copy which later on was marked X by the Court while recording the statement of a witness. The complaint was looked into by the learned Presiding Officer who, by means of the order dated 27.8.2004, impugned in the criminal appeal, had come to the conclusion that there was no substance in the allegation leveled by the review-petitioner against the officials of the Court.

(2.) The learned Coordinate Bench, hearing the aforesaid Criminal Appeal, held that the order was not passed in a criminal proceeding and that neither any criminal complaint had been filed by the trial court nor had any cognizance on the criminal side been taken; the proceedings, therefore, did not fall within the provisions of the Code of Criminal Procedure. The Court, accordingly, held that the appeal under the provisions of the Code cannot lie.

(3.) I have heard learned counsel for the petitioner and considered the matter.