Mere order of ‘acquittal’ in order sheet is not judgment

Order of ‘acquittal’ in the order sheet is not judgment unless a reasoned judgement is signed and dated on the date of delivery of judgement of acquittal

1. Petitioners would assail the common order dated 07.03.2008 passed by the High Court of Chhattisgarh through its Registrar General transferring ST No. 148/99 (State v. Smt. Kiran Singh and Others) and ST No. 71/95 (sic 71/99) (State v. T.P. Ratre) along with one civil suit and two civil appeals from the Court of Shri L.R. Thakur, Second Additional District & Sessions Judge, Ambikapur (for short “the ASJ”) to the Court of District & Sessions Judge, Surguja at Ambikapur (for short “the SJ”) for re-hearing the cases in accordance with law.

2. WP CR Nos. 2796 and 2238 have been preferred by the accused of ST No. 148/99, wherein they were facing trial for committing offences punishable under Sections 498-A and 304-B of the Indian Penal Code (for short ‘the IPC’), whereas, in WPCR No. 276/2010, the petitioner was facing trial in ST No. 71/95 for commission of offence under Section 306 of the IPC.

3. In ST No. 148/99, the trial Judge passed an order in order sheet on 31.10.2007 declaring that the judgement is written, signed and dated separately. In ST No. 71/95 also similar order was passed by the ASJ on 28.01.2008 observing that the judgement is typed separately and is signed & dated.

4. The Presiding Officer has passed such orders in order sheets in two Sessions Trial, one Civil Suit & two Civil Appeals, therefore, one Shri Sushil Kumar Chaturvedi, Advocate, Member, State Bar Council made a complaint to the High Court on 12.02.2008, upon which the Registrar (Vigilance), High Court of Chhattisgarh issued a memorandum to the District & Sessions Judge, Ambikapur on 18.02.2008 to enquire into the matter and submit the report. The District & Sessions Judge submitted a report to the High Court on the same day i.e. 18.02.2008 substantiating the allegations against the Presiding Officer.

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