PRATAP SINGH Vs. STATE OF VINDHYA PRADESH NOW MADHYA PRADESH
LAWS(SC)-1960-11-38
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on November 18,1960

PRATAP SINGH Appellant
VERSUS
STATE OF VINDHYA PRADESH Respondents


Cited Judgements :-

BUDHWARA BAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1991-4-9] [REFERRED TO]
NIRBHAY SINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-1968-10-36] [REFERRED TO]


JUDGEMENT

Imam, J. - (1.)The Judicial Commissioner of Vindhya Pradesh granted a certificate under Art. 132 (1) of the Constitution of India as in his opinion the case involved a substantial question of law as to the interpretation of the Constitution. Hence the present appeal.
(2.)The appellant was convicted under S. 307, Indian Penal Code and S. 19(f) of the Indian Arms Act by the Sessions Judge of Chatarpur. He was sentenced to 10 years' rigorous imprisonment under S. 307, Indian Penal Code and 3 years' rigorous imprisonment under S. 19(f) of the Indian Arms Act. He filed an appeal while he was in jail which was summarily dismissed on merits on October 28, 1955. Thereafter, on October 31, 1955, he filed a Memorandum of Appeal through a pleader which was rejected on November 1, 1955, on the ground that it was not maintainable owing to his appeal for jail under S. 420 of the Code of Criminal Procedure having been dismissed on October 28, 1955.
(3.)Thereafter, he filed a petition before the Judicial Commissioner that the order dated October 28, 1955, dismissing his appeal from jail should be reviewed and his appeal should be reheard on merits. This petition was also dismissed by the Judicial Commissioner. The appellant had prayed for a certificate under Arts. 132 and 134 (c) of the Constitution. The Judicial Commissioner was of the opinion that no ground had been established for grant of a certificate under Art. 134 (c) but a certificate should issue under Art. 132 (1).
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