KUMARI SHAIMA JAFARI Vs. IRPHAN @ GULFAM

JUDGEMENT

(1.) This is an application for grant of permission to file Special Leave Petition under Article 136 of the Constitution of India for assailing the judgment and order dated 4.7.2012 passed in Government Appeal No. 3432 of 2011 by the Division Bench of the High Court of Judicature at Allahabad, whereby the Bench declined to entertain the appeal directed against the judgment of acquittal rendered by the learned Additional Sessions Judge, Kanpur Nagar in S.T. No. 944 of 2007 wherein the accused persons faced trial for the offences punishable under Sections 363, 366, 328, 323, 506, 368 and 376(2)(g) of the Indian Penal Code (for short "the IPC").

(2.) On a perusal of the material on record, there cannot be any dispute that the appellant was the complainant and the real aggrieved party. Being aggrieved by the decision of the High Court, she has sought permission to prefer the special leave petition. Regard being had to the essential constitutional concept of jurisdiction under Article 136 of the Constitution of India as has been stated in Arunachalam v. P.S.R. Sadhanantham, 1979 2 SCC 297 and the pronouncement by the Constitution Bench in P.S.R. Sadhanantham v. Arunachalam, 1980 3 SCC 141 where the assail was to the decision in Arunachalam under Article 32, we allow the application and permit the applicant to prosecute the Special Leave Petition. The Crl.M.P. No. 24427 of 2012 is accordingly disposed of.

(3.) Leave granted.