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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): J. Chelameswar, S. Abdul Nazeer , JJ

(A) Constitution of India , Art.136— Special leave to appeal - Filed by private party - Is maintainable as he is an aggrieved person. Criminal jurisprudence - Locus standi concept - Is foreign to criminal jurisprudence. Article 136 does not confer a right to appeal on any party but it confers discretionary power on Supreme Court to interfere in suitable cases. Exercise of power of court is not circumscribed by any limitation as to who may invoke it. It does not confer right to appeal, it confers only right to apply for special leave to appeal. Therefore, there is no bar for appellant, @page-SC5007 brother of deceased to apply for special leave to appeal as he is an aggrieved person.(Para 15) (B) Criminal P.C. (2 of 1974) , S.311— Re-examination of witness - Application for - Filed by witnesses after about 14 months on ground that previous statements were made under influence of police - Said witnesses cross-examined at length supported prosecution story - No reason assigned for delay in making application - Application cannot be allowed - High Court setting aside Sessions Judge's order rejecting application, unjustified. S. B. Criminal Miscellaneous Petition No. 1679 of 2012, D/- 22-5-2012 (Raj), Reversed. ....