Supreme Court of India

Aidan & Ors. v. State of Rajasthan

Diary number
Neutral citation Not assigned by the Court
How to cite
Decided 29 April 1988

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.

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 2 1 in such cases is. therefore. unfounded.

Judgment, page 103

From the headnote

The appellant was the Chief Minister of Maharashtra between June 9, 1980 and January 12, 1982, when he resigned that office in deference to the judgment of High Court in a writ petition filed against him, but continued as an MLA. On August 9, 1982, respondent No. 1, a member of a political party filed a complaint before a Special Judge against the appellant and others for offences under ss. 161 and 165 of the Indian Penal Code and s. 5 of the Criminal Law Amendment Act, 1952 and also under ss. 384 and 420 read with ss. 109 and 120B of the Indian Penal Code.

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