AIR 1954 AJMER 18(1)

Ajmer High Court

Hon'ble Judge(s): Nigam , J

Constitution of India , Art.134, Art.132, Art.133— Scope of. Articles 132 and 134 have to be taken together. Article 132 was intended to confer a right of appeal in every case whether civil or criminal (or other proceeding) if the case involved a substantial question of law as to the interpretation of the Constitution. Article 133 intended to confer a right of appeal against any judgment, decree or final order of a High Court in a civil proceeding. Similarly, Article 134 was intended to confer a right of appeal against any judgment, final order or sentence of a High Court in a criminal proceeding.(Para 4) The words of Article 134 used are not "criminal proceeding in a High Court" or "criminal proceeding before a High Court". There the word 'of' can only refer back to the phrase "any judgment, final order or sentence" and not to the word 'proceeding'.(Para 5) Thus where on an appeal against the order of acquittal, the High Court remanded the case for retrial, and the accused applied for a certificate that it is a fit case for appeal to the Supreme Court. Held, that the order of the High Court was not a 'final order' within the meaning of Article 134 and the applicant was not entitled to the certificate.(Para 7) .....