ZHAPRYA KONDBA TELI Vs. EMPEROR

JUDGEMENT

(1.) NIYOGI and Staples, A.J.Cs. 1. An application has been presented by Mr. Amlekar on behalf of one Zhaprya, a prisoner under sentence of death, for leave to appeal to the Privy Council. We see no reason to differ from the view which was taken by Subhedar, A. J. C., and one of us in Miscellaneous Petition No. 46-B of 1930, in which it was held that the Code of Criminal Procedure does not provide for such an application being entertained by any High Court and that such applications could only be entertained by Chartered High Courts under Clause 41 of the Letters Patent.

(2.) WE are of opinion that this view is correct and we would refer to Section 404, Criminal P. C. We would also again emphasize that Clause 41 of the Letters Patent applies only to Chartered High Courts and even under that article an appeal can only lie in two cases, as pointed out by their Lordships of the Privy Council in Barendra Kumar Ghosh v. Emperor . When a person wishes to appeal from a decision of any High Court other than a Chartered High Court the proper procedure is to apply to the Privy Council for special leave to appeal. This is indicated by the decisions of their Lordships of the Privy Council in Dal Singh v. Emperor AIR 1917 PC 25 and Shankar Ganesh v. Secy. of State AIR 1922 PC 351. We would also refer to Privy Council practice by Bentwich at p. 152, Edn. 2. We therefore dismiss this application for grant of permission to appeal to His Majesty in Council and would point out to the learned Counsel, who appeared for the applicant, that the correct procedure to be followed in such a case has been laid down in Rule 885-VIII of the Jail Manual of the Central Provinces and Berar.