V.C. SHUKLA versus STATE THROUGH C.B.I.

V.C. SHUKLA versus STATE THROUGH C.B.I.

An order framing charges by a Special Court under the Special Courts Act, 1979 is an interlocutory order within the meaning of section 11(1) of the Act, and no appeal lies to the Supreme Court against such an order because the Act expressly excludes appeals from interlocutory orders; the preliminary objection to maintainability is upheld.

Parties
Appellant: V. C. Shukla; Respondent: State through C.B.I.
Jurisdiction
India
Judgment Date
07 December 1979
Procedural Posture
Criminal Appeal / Appeal From Order of Special Court on Framing of Charges
Outcome
Appeal dismissed
Legal Topics
Interlocutory Orders, Appeals, Special Courts Act, 1979, Framing of Charges, Interpretation of Non Obstante Clauses
Criminal Law Constitutional Law Interlocutory Orders Appeals Special Courts Act, 1979 Framing of Charges Interpretation of Non Obstante Clauses

Case Brief

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Parties

V. C. Shukla

Appellant

State through C.B.I.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order of Special Court on Framing of Charges

Legal Issues

  1. 1 Whether an order framing charges under the Special Courts Act, 1979 is an 'interlocutory order' under section 11(1) and thus not appealable to the Supreme Court
  2. 2 Scope and meaning of 'interlocutory order' under Special Courts Act, 1979
  3. 3 Effect of non-obstante clause in section 11

Ratio Decidendi

An order framing charges by a Special Court under the Special Courts Act, 1979 is an interlocutory order within the meaning of section 11(1) of the Act, and no appeal lies to the Supreme Court against such an order because the Act expressly excludes appeals from interlocutory orders; the preliminary objection to maintainability is upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed as not maintainable as the impugned order is an interlocutory order under section 11(1) of the Special Courts Act, 1979.