TEMPTON JEHANGIR FRAZER Vs. RANCHHODDAS KHIMJI ASHER

JUDGEMENT

(1.) The question is whether leave to appeal to the Supreme Court should be given under Article 134(1) (c) of the Constitution against the refusal by the High Court of Gujarat to give leave to appeal to the High Court against an order of acquittal under sub-sec. (3) of sec. 417 of the Code of Criminal Procedure.

(2.) A High Court should not give leave to appeal to the Supreme Court under Article 134 of the Constitution unless the case falls within that Article. Article 134(1) of the Constitution reads thus:- An appeal shall lie to the Supreme Court from any judgment final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court

(3.) The case would therefore fall under Article 134 of the Consti- tution if there is a judgment final order or sentence. In this particular cases the words judgment or sentence do not apply and it is only contended that the words final order would apply. In such a case (1) there must be an order (2) it must be a final order and (3) it must be in a criminal proceeding.