A R ANTULAY Vs. R S NAIK

JUDGEMENT

(1.) The Special leave was granted by this Court in this case in the presence of the learned counsel for the respondents and after hearing his submissions. Today we are asked to revoke the leave already granted by us. We have considered the points urged before us in support of the application for revocation. We do not find any ground to revoke the special leave already granted by us. Shri Jethmalani learned counsel for the respondents reiterates his request which he had made on the date on which the Special Leave was granted, namely that this case should be referred to a Constitution Bench. Having regard to the various aspects of this case and the points which arise for consideration which we have recorded in the form of a note which forms part of this order, we agree with Shri Jethmalani that this case should be referred to a larger bench. We accordingly direct that this case should he listed for hearing before a bench of 7 Judges of this Court. Liberty to mention for early hearing. The papers may be placed before the Hon'ble the Chief Justice of India for further directions regarding Constitution of the Bench.

(2.) The prayer for vacating the stay is rejected.

(3.) A private complaint was first heard by Shri R. B. Sule who had been appointed as a Special Judge under S. 6(1) of the Criminal Law Amendment Act, 1952 by the Government of Maharashtra. The said Special Judge discharged the accused on the ground that there was no valid sanction to institute the complaint.