Court No. - 46 Case :- CRIMINAL APPEAL No. - 673 of 2009 Petitioner :- Gulzar Ahmad Respondent :- State Of U.P. Petitioner Counsel :- Sudhanshu Srivastava,Vikrant Rana Respondent Counsel :- Govt. Advocate Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
This appeal has been filed on behalf of Gulzar Ahmad against the judgment
and conviction recorded by the learned Sessions Court, convicting him under
section 364A I.P.C.
The issue is about kidnapping of a boy named Kallu.
Counsel for the appellants has moved an application before this Court that
Kallu went of his own and he then appeared/returned at his own sweet will.
Submission is that an application has been moved by the father of the boy in
that respect before this Court.
Be that as it may, the identity of the boy is to be established and it is only then
the version/disappearance about which the appellants claim innocence, can be
ascertained. For this purpose, the evidence will have to be taken/needed.
At this stage, this Court can take note of the provisions/powers as given by
Section 391 Cr.P.C.
On the fact and keeping in mind the need of ascertainment of the factual
aspects to get the truth and with an intention to get the justice done either way
this Court is of the opinion that an opportunity in this respect is to be
permitted to the appellants through their counsel to get the matter decided on
this issue by moving an appropriate application.
Accordingly, this Court gives the following directions :
i] Appellants are permitted to move an appropriate appliction before the Court
of learned Sessions Judge, annexing the copy of the applicaiton and the
documents filed in this Court through their counsel.
ii] On receipt of the application alongwith documents so filed before this
Court, the learned Sessions Judge will accept those documents as additional
evidence and then will proceed to take evidence of both sides and after
entertaining the evidence, he will record his reasons/finidngs.
[iii] The decision which is permitted to be taken, will remain limited to the
issue of disappearance of the boy and his return as being submitted by the
counsel for the appellants to be his independent/individual act.
The needed exercise is to be concluded possibly within one month from the
date of receipt of the application. After recording the finidng as permitted that
will be remitted to thisCourt so as to be placed alongwith the the appeal on the
date fixed.
Registry of this Court isdirected to give information of this order to the Court
of Sessions Judge, Saharanpur and at the same time the lower court record be
also remitted at once so that the matter may be proceeded as directed.
Let the matter be listed on 22.2.2010.
Order Date :- 12.1.2010
Ak/