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Criminal Revision No. 24 of 1957, decided on 26th May 1957, against the order of Sessions Judge, Poonch, dated 6th February 1957.

S. 19, sub‑clause (xvii)--- Revision petition against order of acquittal--‑Not exempt from stamp duty under the section‑Criminal Procedure Code (V of 1898) S. 439.

Section 19, sub‑clause (xvii) of the Court‑fees Act lays down that only a petition by a prisoner, or other persons to duress or, under restraint of .any Court or its officers are exempt from Court‑fee. Such a petition must be a petition in respect of, or connected with, or arising out of the matter in connection with which he is in prison, in duress or under restraint. Where the application does not concern the liberty, safety or rights of the prisoner himself, but is one affecting the rights and freedom of other persons not in custody and .who are at liberty and whom the applicant prays to be con victed, the application does not fall within sub‑clause (xvii), of section 19 of the Court‑Fees Act and as such is not exempt from stamp duty.

S. 439.(S) Rules of High Court of Jammu and Kashmir, Rule 6‑---Revision Petition under S. 439 (S), should be accompanied by a certificate as envisaged in Rule 6.

Sheikh Abdul Hamid for Petitioner.

Muhammad Shafi for Respondents.

This is a revision petition against the order of acquittal passed by the Sessions Judge, Poonch, dated 6th February 1957.

Two preliminary objections have been raised in this petition

(a) that the Court‑fee stamp of the value of Rs. 2 has not been fixed on the petition;

(b) that there is no certificate attached to the revision petition showing that the Government had been approached to file an appeal against the order of acquittal and had refus ed to file an appeal.

Both the objections are weighty. Section 19, sub -clause (xvii) of the Court‑fee lays down that only a petition by a prisoner, or other persons in duress or under restraint of any Court or its officers are exempt from Court‑fee. Such a petition must be a petition in respect of, or connected with, or arising out of the matter in connection with which he is in prison, in duress or under restraint. Where the application does not concern the liberty, safety or rights of the prisoner himself, but is one affecting the rights and freedom of other persons not in custody, who are at liberty and whom the applicant prays to be convicted, the application does not fall within sub‑clause (xvii) and as such is not exempt from stamp duty. In the present case, Musahib Khan, the petitioner, is neither in prison nor in duress or under restraint nor does the petition relate to the matter in connection with which the petitioner was in prison or in duress or under restraint at the time of application.

We, therefore, hold that in the present case, it was neces sary to affix a Court‑fee of Rs. 2 on the petition. This, the petitioner, should do now otherwise his petition will be thrown out. As regards the second point, the Rules of High Court of Jammu and Kashmir are clear on the point. Rule 6 of Jammu and Kashmir High Court lays down:

(vi) "With reference to section 439 (5), Criminal P. C., the Deputy Registrar will not receive any petition for revision of an order of acquittal unless it is accompanied by a copy of an order of the Judicial Minister, His Highness' Government, refusing to allow an appeal under section 417, Criminal P. C."

Thus, according to this rule, it is necessary that there should be a certificate attached to a revision petition as envi saged in the rule quoted above and unless such a certificate is attached, a revision petition will not be entertained. As the present revision petition has already been entertained, the counsel for the petitioner shall file a certificate to this effect, otherwise it will be rejected. This certificate should be pro duced till 2nd October 1957.

Parties should appear in this case on the 2nd October 1957.

K. B. A. Order accordingly.

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