RAM NARESH Vs. STATE
LAWS(ALL)-1965-9-22
HIGH COURT OF ALLAHABAD
Decided on September 15,1965

RAM NARESH Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)THIS is au application under Section 461-A of the Code of Criminal Procedure. The prayer in the application reads thus:--
"it is, therefore, prayed that the judgment of the Division Bench sitting at Lucknow dismissing the Jail Appeal of the applicant and confirmation of the death sentence be treated as nullity and the appeal noted above be directed to be listed for hearing in the ordinary course. "

(2.)THE facts giving rise to the application are as follows. The applicant stood his trial (S. T. No. 7 of 1965) in the court of the learned Sessions Judge of Sultaupur for an offence punishable under Section 302 of the Indian Penal Code. He was convicted on the 29th of April, 1965 and sentenced to death. The learned Sessions Judge made the usual reference under Section 374 of the Code of Criminal Procedure to the Lucknow Bench of this Court, as Sultanpur was within the jurisdiction of that Bench. Apparently, the learned Sessions Judge was unaware of the provisions of the new Limitation Act whereunder limitation for filing an appeal in a case like the present is thirty days. Consequently, he informed the applicant that he could file an appeal to the High Court within seven days. The applicant sent an appeal from fail to the Lucknow Bench of this Court. On the 20th of May, 1965 a Division Bench of the Lucknow Bench of this Court, consisting of G. D. Sahgal and U. S. Srivastava, JJ. passed the following order:--- "admit and connect. " An application dated the 16th/17th of May, 1965 was sent by the applicant "to the Hon'ble the Chief Justice, High Court, Allahabad. " This application contained the following recital:--
"sri Bankey Bihari Singh, Advocate, Jinho Ne Mera Mukadama Sultanpur Sessions judge Mahodaya Ke Nyayalaya Men Kiya Tha Unke Bhateeje Sri Ram Prasad Singh Allahabad High Court Men Vakalat Kartey Hain, Unhi Ke Duara Prarthi Ne Appeal Dayar Kar Dee Hai Aur Vahee Uski Pairavee Kareynge. "
No appeal had, however, been filed at Allahabad until the 16th or the 17th of May, 1965. The only explanation is that the applicant had, perhaps, already instructed his counsel to file AD appeal at Allahabad. An appeal on behalf of the applicant was submitted to the office of this Court at Allahabad for report on the 21st of May, 1965. The office report i. s as follows:--
"a report whether any previous petition of appeal has been filed or not is not possible as this case relates to the district of Sultanpnr which is under the jurisdiction of Lucknow Bench. "
On the 25th of May, 1965 the applicant's appeal with the above mentioned office report was presented before S. S. Dhavan, J. and it was admitted, and registered as Criminal Appeal No. 1075 of 1965. Along with the appeal was presented an application under Clause XIV of the U. P. High Courts Amalgamation Order 1948. The prayer in this application was in the Following terms:--
"it is, therefore, prayed that the jurisdiction of the Lucknow Bench in respect of the appeal noted above be quashed and it be directed that the appeal noted above be heard and decided at Allahabad "
Both the appeal, No. 1075 of 1965, and the application under Clause XIV of the U. P. High Courts Amalgamation Order 1948 were signed by Mr. Ram Prasad Singh, Advocate. On the application S. S. Dhavan, J. , the then Senior Vacation Judge, passed the following order:-"the applicant desires that his case be heard before the Allahabad Bench. I direct that it shall be so heard. " In paragraph 8 of the affidavit filed in support of the aforesaid application it was wrongly stated that no appeal against the judgment of the learned Sessions Judge of Sultanpur dated the 29th of April, 1965 in Sessions Trial No. 7 of 1965 had been filed before the Lucknow Bench.
(3.)ON the facts stated above, it is contended on behalf of the applicant that by virtue of S. S. Dhavan, J. 's order dated the 25th of May, 1965 passed on the applicant's application under Clause XIV of the U. P. High Courts Amalgamation Order 1048, the jurisdiction of the Lucknow Bench to hear the applicant's appeal and the connected reference stood cancelled. Presumably, in view of the assertion contained in paragraph 8 of the affidavit mentioned above, no intimation about the appeal and the application under Clause XIV or the U. P. High Courts Amalgamation Order 1948 and the orders passed thereon was sent to the Lucknow Bench.
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