KAKULA SRINIVASA RAO Vs. STATE

JUDGEMENT

(1.) This is an application for leave to appeal to the Supreme Court under Article 134 (1) (c) of the Constitution. Article 134 (1) (c) provides that 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 certifies that the case is a fit one for appeal to the Supreme Court. The terms of Article 133 (1) (c) of the Constitution and section 109 (c) of the Code of Civil Procedure are in identical terms. Bose, J., in delivering the judgment of the Supreme Court in Nar Singh v. State of Uttar Pradesh, observed as to the scope of Article 134 (1) (c) as follows :

(2.) In the Privy Council decision referred to by Bose, J., viz., in Banarsi Parshad v. Kashi Krishna, Lord Hobhouse stated that the High Court should grant a certificate only in special cases. His observations are as follows :

(3.) This decision was followed by the Privy pouncil in Radha Krishn Das v. Rai Krishn Chand. In Radhakrishna Ayyar v. Swaminatha Ayyar3, Lord Buckmaster reiterated that the conditions that regulate the granting of a certificate for leave to appeal have been clearly stated in the Privy Council decisions referred to supra. Referring to the scope of section 109 (c) he observed as follows :