Prem vs State of Uttaranchal and Another

Irshad Hussain, J.—Heard Sri K.S. Verma, Learned Counsel for the applicant and Sri J.P. Joshi, Learned Counsel for the Opposite Party No. 2.

The petition was moved u/s 482 of the Code of Criminal Procedure. with a prayer that the Investigating Officer examined in the trial need to be recalled so that he may be cross-examined about the existence of the special report of the incident. An application after cross-examination of the investigating Officer was submitted before the concerned Sessions Judge, who rejected it on merit. The Head Moharrir examined in the case as P.W. 7 had comprehensively been cross-examined on this point and therefore, there was no occasion to recall the Investigating Officer for further cross-examination.

Learned Counsel for the O.P. No. 2 drew my attention to the statement of P.W. 7 and also P.W. 6, copies of which have been annexed with the counter affidavit and having considered the same, I find myself in agreement with the contention of the Learned Counsel for the O.P. No. 2 that Head Moharrir had been cross-examined on the point of the existence of the special report and the fact that the copy of the same were not available and the contents of the same were not entered in the G.D. When the things are such, it will be useless to summon the Investigation officer for further cross-examination. Hence prayer for recalling him cannot be entertained.

The petition is hereby dismissed.

THE UTTARANCHAL PANCHAYAT ORDINANCE, 2002

(UTTARANCHAL ORDINANCE No. 2 of 2002)

(Promulgated by the Governor in the Fifty-third Year of the Republic of India)

Vidhayi Evam Sansadiya Karya Vibhag, Noti. No. 151/Vidhayee Evam Sansadiya Karya/2002, dated 25.4.2002. It was promulgated by the Governor on April 25, 2002 and published in the Uttaranchal Gazette, Extra., Part 2, Section (Ka), dated 25th April, 2002, pp. 2-3

An Ordinance to amend the Uttar Pradesh Panchayati Raj Adhiniyam, 1947 in its application to Gram Panchayat.

Whereas the Legislature Assembly of the State is not in session and the Governor is satisfied that the circumstances exist which render it necessary for him to take immediate action;

Therefore, in exercise of the powers conferred by Clause (1) of Article 213 of the Constitution, the Governor is pleased to promulgate the following ordinance.

CHAPTER-I

Short title and commencement-

(1) This Ordinance may be called the Uttaranchal Panchayat Ordinance, 2002.

(2) It shall be applicable to the whole State of Uttaranchal.

(3) It shall be deemed to be enacted from April 29, 2002.

CHAPTER-2

In Section 12 of the U.P. Panchayati Raj Adhiniyam, 1947 (Act No. 26 of 1947) which is called principal Act, after Section 12(3), the following new Sub-section (3-A) shall be inserted, namely:

(3-A) Notwithstanding anything contained in any other provisions of this Act, where due to unavoidable circumstances or in public interest, it is not practicable to hold an election to constitute a Gram Panchayat before the expiry of its duration, the State Government or an officer authorised by it in this behalf may, by order, appoint an administrator who shall hold office for such period not exceeding six months as may be specified in the said order and all powers, functions and duties of the Gram Panchayat, its Pradhan and Committees shall vest in and be exercised, performed and discharged by such administrator.

CHAPTER-3

Ordinance No. 5 of 2001 promulgated by the Governor is hereby with-drawn.

THE UTTAR PRADESH KRISHI UTPADAN MANDI SAMITI

(ALPKALIK VYAVASTHA)

(UTTARANCHAL AMENDMENT) ACT, 2002

(UTTARANCHAL ACT No. 3 of 2002)

Vidhayi Evam Sansadiya Karya Vibhag, Noti No. 122/Vidhayee Evam Sansadiya Karya/2002, dated 11.4.2002. It was assented by the Governor on April 10, 2002 and published in the Uttaranchal Gazette, Extra., Part I, Section (Ka), dated 11th April, 2002, pp. 3-4

An Act further to amend the Uttar Pradesh Krishi Utpadan Mandi Samiti (Alpkalik Vyavastha) Adhiniyam, 1972

It is hereby enacted in the Fifty-third year of the Republic of India as follows

Short title and commencement-

(i) This Act may be called the Uttar Pradesh Krishi Utpadan Mandi Samiti (Alpkalik Vyavastha) (Uttaranchal Amendment) Adhiniyam, 2002.

(ii) It shall be deemed to have come into force on December 31, 2001.

Amendment of Section 2 of U.P. Act No. 7 of 1972-- In Section 2 of the Uttar Pradesh Krishi Utpadan Mandi Samiti (Alpkalik Vyavastha) Adhiniyam, 1972 hereinafter referred to as the principal Act, in Sub-section (1), for the words and figures "till December 31, 2001", the words and figures "till December 31, 2002" shall be substituted.

Repeal and savings-

(i) The Uttar Pradesh Krishi Utpadan Mandi Samiti (Alpkalik Vyavastha) (Uttaranchal Sanshodhan) Adhyadesh, 2001 is hereby repealed.

(ii) Notwithstanding such repeal, anything done or any action taken under the corresponding provisions of the principal Act, as amended by the Ordinance referred to in Sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act, as if the provisions of this Act where in force at all material times.