P. S. R. SADHANANTHAM versus ARUNACHALAM & AIIR.

P. S. R. SADHANANTHAM versus ARUNACHALAM & AIIR.

A private party who is not the State or the complainant may, in rare cases and where public interest justifies, petition the Supreme Court under Article 136 for special leave to appeal against acquittal in a criminal matter, provided the Court is convinced of the public interest and absence of statutory right does not preclude the Court's jurisdiction. The procedure followed under Article 136 does not violate Article 21, as fair procedure is inherent in the Court's practice.

Parties
Petitioner: P. S. R. Sadhanantham; Respondent No. 1: Arunachalam; Petitioner: K. Jayaram; Petitioner: K. Ram Kumar; Petitioner: Aruneshwar Gupta; Respondent No. 1: R. N. Sachthey; Respondent No. 1: E. C. Agarwala; Respondent No. 1: Miss A. Subhashini
Jurisdiction
India
Judgment Date
01 February 1980
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
writ petition dismissed
Legal Topics
Scope of Article 136, Locus Standi for Special Leave to Appeal, Procedure Under Article 21, Private Party Appeals in Criminal Matters
Constitutional Law Criminal Law Scope of Article 136 Locus Standi for Special Leave to Appeal Procedure Under Article 21 Private Party Appeals in Criminal Matters

Case Brief

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Parties

P. S. R. Sadhanantham

Petitioner

Arunachalam

Respondent No. 1

K. Jayaram

Petitioner

K. Ram Kumar

Petitioner

Aruneshwar Gupta

Petitioner

R. N. Sachthey

Respondent No. 1

E. C. Agarwala

Respondent No. 1

Miss A. Subhashini

Respondent No. 1

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether a private citizen, other than the State or the complainant, may invoke Article 136 to seek special leave to appeal against acquittal in a criminal case
  2. 2 Whether the procedure for granting special leave under Article 136 satisfies the requirements of 'procedure established by law' under Article 21
  3. 3 Whether absence of a statutory right of appeal precludes grant of special leave to a private party under Article 136

Ratio Decidendi

A private party who is not the State or the complainant may, in rare cases and where public interest justifies, petition the Supreme Court under Article 136 for special leave to appeal against acquittal in a criminal matter, provided the Court is convinced of the public interest and absence of statutory right does not preclude the Court's jurisdiction. The procedure followed under Article 136 does not violate Article 21, as fair procedure is inherent in the Court's practice.

Court Disposition

writ petition dismissed

Orders

  • The writ petition is dismissed.
  • No order as to costs.