Supreme Court of India · 1970-03-11
BHIMAPPA BASSAPPA BHU SANNAVAR vs LAXMAN SHIVARAYAPPA SAMAGOUDA AND OTHERS
- Citation / case number
- SC 1967/231
- Court
- Supreme Court of India
- Petitioner
- BHIMAPPA BASSAPPA BHU SANNAVAR
- Respondent
- LAXMAN SHIVARAYAPPA SAMAGOUDA AND OTHERS
- Bench
- HIDAYATULLAH, M. (CJ)
Judgment text excerpt
The Supreme Court held that the appellant was entitled to file a petition for special leave under Section 417(3) of the Code of Criminal Procedure, 1898, despite the acquittal of all accused by the Sessions Court. The Court clarified that the appellant had a right to appeal as he had instituted a case based on his complaint, which was separate from the police case. The dismissal of the appellant's previous revision application did not affect his statutory right to seek special leave, and thus the case was remitted to the High Court for a hearing on the petition.