High CourtsDivision Bench(1983) 04 AP CK 0010

The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad vs Nalla Venkat Reddy and Another

Andhra Pradesh High Court · Decided on 22 April 1983

HON’BLE JUDGES
Lakshminarayana Reddy, J · Gangadhara Rao, J
CASE NUMBER
S.C. Criminal Miscellaneous Petition No. 1054 of 1983

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Judgment

3 paragraphs · 183 words

Gangadhara Rao, J.—The Public Prosecutor has filed this written application dt. 15-3-1983, under Article 134(1) of the Constitution of India, to grant a certificate for leave to appeal to the Supreme Court. A preliminary objection is taken by the learned counsel for the accused-respondents that the written application is not maintainable at this stage in view of Article 134-A of the Constitution of India. We agree with this submission. According to Clause (B) of Article 134-A, an oral application should be made by or on behalf of the party aggrieved, immediately, after passing of the sentence. In this case, this Court pronounced judgment in the appeals on 24th and 25th of January, 1983. No oral application was made by the Public Prosecutor, immediately after the pronouncement of the judgment in the two appeals.

2.

In these circumstances, in our opinion, in view of Article 134-A the present application is barred. In this connection, we also refer to the Full Bench decision of the Karnataka High Court in Keshava S. Jamkhandi Vs. Ramachandra S. Jamkhandi, . Consequently the petition is dismissed.

3.

Petition dismissed.