Disposed

State of Uttarakhand v. Himanchal Singh

Uttarakhand HC7 Jul 2022SPLA/11/2022

Case brief

AI extract

What is this about?

This judgment disposes of multiple Special Leave Applications. The court held that Special Leave to Appeal is not necessary when the State appeals against the inadequacy of a sentence, as Sub-section (3) of Section 377 CrPC mandates notice and a show-cause opportunity to the respondent.

What did the court decide?

The Special Leave Applications were disposed of as infructuous; notice was issued in the Government Appeal.

State of Uttarakhand Vs Himanchal Singh — Criminal Trial and Appeal | Uttarakhand HC (2022)

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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.
			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.

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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 1^st disposal.
(Alok Kumar Verma, J.) 07.07.2 Kaushal	(S.K.Mishra, J.) 022

State of Uttarakhand v. Himanchal Singh

Case brief

What is this about?

What did the court decide?

State of Uttarakhand v. Himanchal Singh

Case brief

What is this about?

What did the court decide?

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