NARAIN DAS versus THE STATE OF UTTAR PRADESH

NARAIN DAS versus THE STATE OF UTTAR PRADESH

An appeal under Section 476B of the Code of Criminal Procedure against an order of a single Judge of the High Court refusing to file a complaint lies with the Appellate Bench of the High Court and not with the Supreme Court; the artificial judicial subordination created by Section 195(3) determines the appellate...

Source-derived case information.

Parties
Appellant: Narain Das; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
14 September 1960
Procedural Posture
Criminal Appeal / Determination of Appeal Maintainability
Outcome
appeal not competent; memorandum returned
Legal Topics
Appeal Forum, Maintainability of Appeal, Code of Criminal Procedure Section 476 B, Jurisdiction of High Court
Criminal Procedure Appeal Forum Maintainability of Appeal Code of Criminal Procedure Section 476 B Jurisdiction of High Court

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Narain Das

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Determination of Appeal Maintainability

Legal Issues

  1. 1 Whether an appeal under Section 476B, Code of Criminal Procedure, is maintainable before the Supreme Court from an order of a single Judge of the High Court refusing to file a complaint under Section 476

Ratio Decidendi

An appeal under Section 476B of the Code of Criminal Procedure against an order of a single Judge of the High Court refusing to file a complaint lies with the Appellate Bench of the High Court and not with the Supreme Court; the artificial judicial subordination created by Section 195(3) determines the appellate forum based on to which court appeals from appealable decrees of the former court ordinarily lie.

Court Disposition

appeal not competent; memorandum returned

Orders

  • Memorandum of appeal to be returned for presentation to the proper Court (High Court).