Supreme Court of India · 2010-10-08
Mahamudul Hassan vs Union Of India & Ors
- Court
- Supreme Court of India
- Petitioner
- Mahamudul Hassan
- Respondent
- Union Of India & Ors
- Bench
- T.S. Thakur, Markandey Katju
Judgment text excerpt
The Supreme Court held that a petitioner has the right to appeal to the High Court on the judicial side and may also approach the executive authority under Section 432 of the Criminal Procedure Code or the Governor under Article 161 of the Constitution of India. The Court clarified that it does not possess the powers granted to the executive under Section 432 Cr.P.C. or to the Governor under Article 161. Consequently, the Writ Petition was dismissed.