Law: Court Fee Act, 1870

Section: 19

P L D 1957 Azad J & K 54         (a) Court fees Act (VII of 1870),   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.   (b) Criminal Procedure Code (V of 1898),   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.       ORDER   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   that the Court-fee stamp of the value of Rs. 2 has not been fixed on the petition;   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…