STATE OF U.P. versus POOSU AND ANOTHER

STATE OF U.P. versus POOSU AND ANOTHER

The Supreme Court holds that it is competent under Articles 136 and 142 of the Constitution to direct re-arrest and detention of an acquitted accused pending appeal, in the same manner as the High Court under Section 427 (now Section 390) Cr.P.C., and such an order does not violate Articles 14, 19(1)(a)-(g), or 21 of the Constitution.

Parties
Petitioner: State of U.P.; Respondent: Poosu; Respondent: Another (Respondent No. 2)
Jurisdiction
India
Judgment Date
02 April 1976
Procedural Posture
Criminal Appellate Jurisdiction / Reference to Constitution Bench and Disposition of Special Leave Petitions
Outcome
Reference answered against the accused/respondents; Supreme Court affirms its power to order re-arrest and detention of acquitted persons pending appeal.
Legal Topics
Re Arrest of Acquitted Persons, Supreme Court Powers Under Articles 136 and 142, Fundamental Rights, Procedure Established by Law
Constitutional Law Criminal Procedure Re Arrest of Acquitted Persons Supreme Court Powers Under Articles 136 and 142 Fundamental Rights Procedure Established by Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

State of U.P.

Petitioner

Poosu

Respondent

Another (Respondent No. 2)

Respondent

Procedural Posture

Criminal Appellate Jurisdiction / Reference to Constitution Bench and Disposition of Special Leave Petitions

Legal Issues

  1. 1 Whether the Supreme Court, while granting special leave to appeal against an order of acquittal on a capital charge, has the power to issue a non-bailable warrant for arrest and detention of the accused pending appeal
  2. 2 Whether such re-arrest and detention violates Articles 14, 19(1)(a)-(g), and 21 of the Constitution

Ratio Decidendi

The Supreme Court holds that it is competent under Articles 136 and 142 of the Constitution to direct re-arrest and detention of an acquitted accused pending appeal, in the same manner as the High Court under Section 427 (now Section 390) Cr.P.C., and such an order does not violate Articles 14, 19(1)(a)-(g), or 21 of the Constitution.

Court Disposition

Reference answered against the accused/respondents; Supreme Court affirms its power to order re-arrest and detention of acquitted persons pending appeal.

Orders

  • Special leave petitions disposed of; Supreme Court affirmed power to re-arrest and detain acquitted accused pending appeal.