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In Re: the Petitions of Nawal Thakur, a Convict Kept in the Kulu Jail - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Judge
Reported in(1984)3SCC572
AppellantIn Re: the Petitions of Nawal Thakur, a Convict Kept in the Kulu Jail
Excerpt:
.....armed overt act alleged against him was not proved held, merely because he was in company of accused who were armed is not sufficient to attract section 34. conviction under section 300 r/w section 34 was set aside. - in some cases the high courts having jurisdiction may be able to deal with the matters more effectively as courts of first instance than this court. hence i feel that it is desirable that in all such cases where it is not possible for this court itself to take action and it is felt that the high court can deal with them effectively, this court should forward the letter, telegram etc......parties may not be able to come to this court from distant places to prosecute the cases. in some cases the high courts having jurisdiction may be able to deal with the matters more effectively as courts of first instance than this court. hence i feel that it is desirable that in all such cases where it is not possible for this court itself to take action and it is felt that the high court can deal with them effectively, this court should forward the letter, telegram etc. to the high court having jurisdiction over the matters with a request to the high court to take needful action on them as if they had been sent to the high court at the first instance and to give adequate relief to the concerned parties. in all such cases, the high court to which the document is sent may, if it is.....
Judgment:
ORDER

1. This Court has been receiving a large number of letters telegrams etc. from persons residing in different parts of the country seeking' relief regarding many matters. It may not be possible for this Court to take action on every one of them. Many times the parties may not be able to come to this Court from distant places to prosecute the cases. In some cases the High Courts having jurisdiction may be able to deal with the matters more effectively as courts of first instance than this Court. Hence I feel that it is desirable that in all such cases where it is not possible for this Court itself to take action and it is felt that the High Court can deal with them effectively, this Court should forward the letter, telegram etc. to the High Court having jurisdiction over the matters with a request to the High Court to take needful action on them as if they had been sent to the High Court at the first instance and to give adequate relief to the concerned parties. In all such cases, the High Court to which the document is sent may, if it is found necessary, call upon the person who has sent it to appear before it, ascertain necessary further facts from him and proceed to dispose of the matter in accordance with law.

2. This Court shall assign a number to each of such documents sent to the High Court and retain a true copy or a photostat copy of the document on its file for reference.

3. In accordance with the above procedure, the two accompanying petitions of Nawal Thakur, a convict who is kept in the Kulu Jail are forwarded to the High Court of Himachal Pradesh, Simla for disposal in accordance with law.


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