SONAULLAH MIR Vs. STATE

JUDGEMENT

(1.) THE learned Sessions Judge, Baramulla, has made this reference to this Court under the following circumstances:

(2.) THE learned Sessions Judge, Baramulla, has made a recommendation to this Court to the effect that the first order of discharge passed by the learned Magistrate was illegal and without jurisdiction, since the learned Magistrate was required to proceed under Section 251-A of the Criminal Procedure Code on the failure of the prosecution to supply documents and dispose of the case in accordance with law. The learned Sessions Judge has recommended that the impugned order about dismissal of the case and discharge of the accused being illegal be set aside and the learned trial court be directed to proceed with the case and to dispose it of in accordance with law. Before submitting the reference to this Court an explanation was obtained from the learned trial Magistrate who in his explanation. submitted that in his opinion there was no bar to recall the order of discharge as that order did not amount to a 'judgment' within the meaning of Section 369, Criminal Procedure Code.

(3.) I have heard Mr. S. N. Kak, the learned Counsel for the accused and Mr. A. K. Malik, the learned Additional Advocate General for the State.