MAYURAM SUBRAMANIAN SRINIVASAN versus CBI

MAYURAM SUBRAMANIAN SRINIVASAN versus CBI

Criminal appeals to the Supreme Court filed by convicted persons cannot be registered or posted unless proof of surrender is furnished, in compliance with Order XXI Rule 13A of Supreme Court Rules, 1966, irrespective of suspension of sentence by the Special Court. The requirement is mandatory, and neither Section 9(4) of the Special Courts Act nor Section 389(3) Cr.P.C. override this rule.

Parties
Appellant: Mayuram Subramanian Srinivasan; Respondent: C.B.I.
Jurisdiction
India
Judgment Date
16 June 2006
Procedural Posture
Criminal Appeal / Admission/registration of Appeal
Outcome
Appeals to be posted only after appellants surrender and proof of surrender is filed.
Legal Topics
Surrender Requirement for Appeal, Applicability of Supreme Court Rules to Criminal Appeals, Precedent and Per Incuriam Decisions, Interaction Between Special Courts Act and Supreme Court Rules
Criminal Law Procedure Surrender Requirement for Appeal Applicability of Supreme Court Rules to Criminal Appeals Precedent and Per Incuriam Decisions Interaction Between Special Courts Act and Supreme Court Rules

Case Brief

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Parties

Mayuram Subramanian Srinivasan

Appellant

C.B.I.

Respondent

Procedural Posture

Criminal Appeal / Admission/registration of Appeal

Legal Issues

  1. 1 Whether surrender by the convicted appellant is mandatory for registering a criminal appeal under Section 10 of the Special Courts Act, 1992 in the Supreme Court
  2. 2 Whether Section 389 of the Code of Criminal Procedure, 1973 overrides Supreme Court Rules, specifically Order XXI Rule 13A
  3. 3 Whether Special Court's powers under Section 9(4) of the Special Courts Act, 1992 allow exemption from the Supreme Court Rules' requirement

Ratio Decidendi

Criminal appeals to the Supreme Court filed by convicted persons cannot be registered or posted unless proof of surrender is furnished, in compliance with Order XXI Rule 13A of Supreme Court Rules, 1966, irrespective of suspension of sentence by the Special Court. The requirement is mandatory, and neither Section 9(4) of the Special Courts Act nor Section 389(3) Cr.P.C. override this rule.

Court Disposition

Appeals to be posted only after appellants surrender and proof of surrender is filed.

Orders

  • Appeals shall be posted only after appellants surrender and proof of surrender is filed.