STATE Vs. SHABAN SHEIKH

JUDGEMENT

(1.) THIS order will dispose of the cases No. 45/77. 37/78 and 1/79.

(2.) THE learned Additional Sessions Judge, Srinagar has made this reference. The facts which have led to this reference are that about eighteen persons were proceeded against before the Committing Magistrate for offences under sections 302, 109, 447, 148 and 149 R.P.C.A joint enquiry was held. It however transpired that two of the accused which were under sixteen years of age and therefore their cases should have been dealt with under the J&K Children Act. It was argued before the Additional Sessions Judge Srinagar that the joint enquiry held by the trial court and the joint order of commitment were bad in law, therefore the entire proceedings as also the order of commitment were liable to so quassed. The reference came up for hearing before Dr. Anand J, who has referred this case to the Division Bench. According to the learned Judge as the case is of first impression and no authority of this court or of any other court is available on this point therefore he thought it proper that the reference be heard by a larger bench for an authoritative pronouncement.

(3.) WE have heard the learned counsel for the accused as also the learned Additional Advocate General appearing for the State.