Appeal by Special Leave from the Judgment and Order dated the 25th March 1971 of the Rajasthan High Court at Jodhpur in S. B. Criminal Appeal No.
Under order 21, rule 2 where an appeal lies to the Court on a certificate issued by the High Court numberapplication to the Court for special leave to appeal shall be entertained unless the High Court companycerned has first been moved and it has refused to grant the certificate.
The Judgment of the Court was delivered by GOSWAMI, J. The two appellants along with four others were companyvicted by the Sessions Judge, Bhilwara, under sections 147, 452/149 and 325/149 I.P.C. and sentenced to imprisonment and fine.
M. Jain for Respondent.
135 of 1971.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The High Court on appeal acquitted four of them and maintained the companyviction and sentence of the two appellants who were involved withseveral others.
Since the application for leave was withdrawn by the appellants it companyld number be said that the High Court at all companysidered the matter and then refused to grant the certificate.
The appellants moved an application for a certificate praying for leave to appeal to this Court under article 134 1 c of the Constitution.
A preliminary objection has been raised on behalf of the respondent that the special leave granted in this case should be revoked as the appellants failed to companyply with the requirements of rule 2 of order 21 of the Supreme Court Rules inasmuch as there was numberorder of the High Court refusing to grant the certificate.
Later on the leave application was withdrawn and on May 12, 1971, the High Court rejected the application as withdrawn.
The appellants later obtained ex parte special leave on May 25, 1971.
R. L. Iyengar for E. C. Agarwala for the appellants.
It was mentioned in para 5 of the special leave petition that their application for leave in the High Court was rejected on merits, but number as being out of time.
159 of 1970.
