Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Criminal Procedure Code (V of 1898)  S. 561-A-Quashment of proceedings--Accused, a foreigner not understanding or speaking any of languages understood in this part of territory--Charged with crossing over border line from Occupied Kashmir--Allegation against accused not of serious nature affecting property or person.-No activity prejudicial to defence or security of State attributed to accused-Held : Not proper for prosecution to detain him for long period and proceed against him by hiring services of interpreter too doubtful to be procured within a reason able time-A helpless man having suffered illegally in custody of military as well as police considerably for long time, High Court held, duty bound to see abuse of process of law :educed to naught Proceedings against accused before trial Court quashed and accused acquitted. Date of institution : 28th November, 1979. C'                                                                                                                            ORDER Tahsildar Magistrate 1st Class, Bagh section 341 of the Code of Criminal Procedure in a criminal case made over to him by Sub-Judge, Magistrate 1st Class, Bagh for trial. under section 3/26 of the Civil Defence Act. The learned Tahsildar Magistrate 1st Class was unable to hold the trial of the accused person as the latter is a person perhaps. from Madras who does not understand or speak any of the languages understood in this part of the territory. Hence this reference is made to seek guidance from this Court in respect of procedure to be adopted by the trial Court. The accused person is charged with crossing. over of the border line from Occupied Kashmir into this part of the territory. He was also brought before this Court. The case against the accused was gone into accordingly by us. The learned Advocate General and I myself attempted to see whether…