The court held that Special Leave to Appeal against sentence inadequacy filed by the State is not necessary under Sections 377 and 378 CrPC. Consequently, a notice was issued for the Government Appeal.
Application treated as infructuous; notice issued in Government Appeal No. 1 of 2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| SPLA No. 11 of 2020 CRLA No. 315 of 2021 CRLA No. 389 of 2021 GA No. 1 of 2022 GA No. 2 of 2022 And SPLA No. 10 of 2022 Shri S.K.Mishra, J. Shri Alok Kumar Verma, J. |
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Mr. J. S. Virk, learned Deputy Advocate General, assisted by Mr. Rakesh Joshi, Brief Holder for the State/appellant in GA and SPLAs. Ms. Pushpa Joshi, learned Senior Counsel, assisted by Ms. Chetna Latwal, learned counsel for the appellants in CRLA No. 315 of 221 and CRLA No. 389 of 2021. This is an application for Special Leave to Appeal against the inadequacy of the sentences imposed by the learned Trial Court Judge. However, it is born out from a conjoint reading of Sections 377 and 378 of _the Code of Criminal Procedure, 1973,_that in a case of appeal against sentence by the State, a Special Leave to Appeal is not necessary. Sub Section (3) of Section 377 of the Code requires that a notice shall be given to the respondent who shall file its show cause after giving reasonable opportunity of showing. Thus, while disposing SPLA as infructuous notice is issued in the Government Appeal No. 1 of 2022. Ms. Pushpa Joshi, learned Senior Counsel, assisted by Ms. Chetna Latwal, has already appeared as respondents’ counsel in the connected appeals. She accepts notice on behalf of the respondents. |
| The respondents counter affidavit within appeal for an enhanceme Matter may be September, 2022 for final |
may file their five weeks to the nt of sentences. listed on 1st disposal. |
|---|---|
| (Alok Kumar Verma, J.) 07.07.2 Kaushal |
(S.K.Mishra, J.) 022 |
2 issues framed by the court
Whether Special Leave to Appeal is necessary for appeal against sentence by the State under Sections 377 and 378 CrPC.
Consequences of notices issued in Government Appeals.
2 provisions across 1 enactments
State
Respondents
Shri S.K. Mishra
Shri Alok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
