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Supreme Court of India

A.R. Antulay v. R.S. Nayak & Anr.

Neutral citation
Reported as [1988] SUPP. 1 S.C.R. 1
Decided 29 April 1988
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

49 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons discussed, I have come to the conclusion that an accused, tried directly by the High Court by withdrawal of his case from a subordinate court, has a right of appeal to the Supreme Court under s. 374 of the Cr.P.C. The allegation of an infringement of Article 21 in such cases is, therefore, unfounded.

Judgment, page 140

From the headnote

Constitution of India, 1950: Articles 13, 14, 21, 32 Prosecution of appellant for offences under sections 161 and 165 I. P. .-Trial under Criminal Law Amendment Act, 1952 to be h.eld by Special Judge only- Supreme Court in its judgment directing trial to be held by High Court Judge-Validity of Supreme Court Judgment-Whether infringement of fundamental right of accused involved-Whether procedure established by law violated-Power to create or enlarge jurisdiction-Legislative in character. Articles 32, 134, 136, 137, 139, 141 and 142-Powers of review-. Nature and scope of-Whether Supreme Court

Authorities it was built on

Where later benches applied it

Of those, 5 relied on · 3 followed · 1 distinguished · 36 referred to · 2 mentioned · 2 not applicable

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