PARAMJEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition, the petitioner inter alia seeks quashment of order dated 30th September, 2009 passed by the Chief Judicial Magistrate, Jammu, by which the Hon'ble Court has sent the petitioner to District Jail, Jammu in compliance of the execution of warrant of rigorous imprisonment.

(2.) The facts giving rise to the filing of the petition briefly stated are that on 19th September, 1986, the petitioner was involved in a case and an FIR was registered against him vide FIR No. 474/1986 under Sections, 454 and 380 RPC. The challan was presented and the petitioner was convicted by the Trial Court to undergo rigorous imprisonment with a fine of Rs. 5,000/-. The petitioner filed an appeal against the order and the Hon'ble Court vide order dated 02nd June, 2000 disposed of the appeal with the directions to the petitioner that he shall pay a fine of Rs. 5,000/- and the fine would be deposited with the Registrar Judicial within the period of four months from the date of the order.

(3.) The petitioner has no knowledge whether the family has deposited the amount and he was released from the Jail. It is pertinent to mention herein that it is mentioned in the order that in case, the fine is not deposited within stipulated period, then the appellant shall undergo rigorous imprisonment of one year. Thereafter, the file was sent to the Court of Chief Judicial Magistrate, Jammu. The petitioner has also no knowledge about any proceeding, as he has not received any notice and he was under this impression that the family has deposited the amount. That is the reason, he was released from 13th June, 1995. Moreover, a copy was not given to the petitioner/appellant and released docket/order was only issued to the concerned Jail Authority for releasing the petitioner/appellant.