AIR 1960 ANDHRA PRADESH 622 ::1960 MadLJ(Cri) 484 ::1960 AndhLT 441 ::(1960) 2 Andh WR 80 ::ILR (1961) 2 Andh Pra 502 ::ILR (1961) 2 AP 502

Andhra Pradesh High Court

Hon'ble Judge(s): Krishna Rao , J

(A) Criminal P.C. (5 of 1898) , S.426(2B)— 'Special Leave' - Meaning of - Not restricted to leave granted by Supreme Court under Art.132(2) or Art.136 - It means leave granted on special grounds and includes certificate of fitness under Art.134(1)(c) of the Constitution of India. The expression "special leave to appeal" in S. 426 (2-B) Criminal P. C. should be given its ordinary and natural meaning and should not be construed as a term of art. It includes certificate of fitness granted by the High Court under Art.134(1)(c) and should not be confined only to special leave to appeal granted by the Supreme Court under Art. 132(2) or Art. 136 of the Constitution.(Para 4) Hence, where a convicted person has been permitted to appeal to the Supreme Court from the sentence of a High Court on special grounds an application under S. 426 (2-B) Cr. P. C. is maintainable. (B) Criminal P.C. (5 of 1898) , S.426(2B)— Privilege under not available to convicted persons who have right of appeal under Art.134(1)(a) and Art.134(1)(b) of the Constitution - Circumstances which may justify grant of application u/S.426(2-B). The privilege under S. 426 (2-B) is not available to a convicted person who has a right of appeal under Art. 134 (1) (a) and (b) ....