STATE OF UTTAR PRADESH versus R. B. AGARWAL

STATE OF UTTAR PRADESH versus R. B. AGARWAL

If an accused is convicted by the trial court and acquitted by the High Court on appeal, the State is entitled to apply to the High Court for a certificate under Article 134(1)(c) of the Constitution. Such application cannot be rejected as incompetent, but must be entertained and decided on merits.

Parties
Appellant: State of Uttar Pradesh; Respondent: R. B. Agarwal
Jurisdiction
India
Judgment Date
04 February 1966
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Decision Refusing Certificate Under Article 134(1)(c)
Outcome
Appeal allowed
Legal Topics
Appeals From Judgments of Acquittal, Certificate for Appeal to Supreme Court Under Article 134(1)(c)
Criminal Law Constitutional Law Appeals From Judgments of Acquittal Certificate for Appeal to Supreme Court Under Article 134(1)(c)

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Parties

State of Uttar Pradesh

Appellant

R. B. Agarwal

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Decision Refusing Certificate Under Article 134(1)(c)

Legal Issues

  1. 1 Whether the State can apply to the High Court for a certificate under Article 134(1)(c) when a conviction by trial court is set aside and accused acquitted by High Court

Ratio Decidendi

If an accused is convicted by the trial court and acquitted by the High Court on appeal, the State is entitled to apply to the High Court for a certificate under Article 134(1)(c) of the Constitution. Such application cannot be rejected as incompetent, but must be entertained and decided on merits.

Court Disposition

Appeal allowed

Orders

  • Order of High Court refusing certificate set aside
  • Matter remitted to High Court for disposal on merits