Special leave petition

 


Querist : Anonymous (Querist)
31 July 2020

Sir/madam,

Please guide me...
I want to file a special leave petition criminal in the supreme court against the order passed by the high court allahabad under section 125 cr. P.c. my lawyer at the high court made the state of U.P. a party to the case. So would i also have to make the State of U.P. a party in the SLP and how would it be mentioned in the cause title of SLP.
1. State of U.P.
Through...?
Please advise

Regards...

Udit


Rajendra K Goyal (Expert)
31 July 2020

Are you a lawyer/

It would be better to show full case file to some Advocate of Supreme Court to have exact required guidance.


Querist : Anonymous (Querist)
31 July 2020

Sir, i am filing this as a petitioner in person

K Rajasekharan (Expert)
31 July 2020

Special Leave Petition (SLP) is a kind of petition to seek permission of the Supreme Court to file an appeal.

It can be filed only when the petitioner has a question of law to be raised. No question of fact can be raised in an SLP. The SLP will turn into a normal appeal with a different number when it is admitted.

SLP is filed as per the filing rules of the SC which should be scrupulously followed. It is the Advocate on Record (AOR) who files the SLPs. They are trained in the rules.

The AOR can arrange the argument lawyers as well to argue the case if you have no one else and you are ready to pay their fee. High profile advocates charge from 5 lakh to 25 lakh for 3- 5 minute long argument at the admission stage. But there are others who would charge lower amount.

The party also can argue, but the chance for a party who is not familiar with the processes of the court has limited chancd to get it admitted.

Admission of the petition is purely based on discretion of the court. No reason need to be stated when an SLP is is rejected. Half of the petitions filed by the Senior Advocates get admission but others have only a lower admission percentage.



Querist : Anonymous (Querist)
31 July 2020

Sir please also reply my specific query.

Dr J C Vashista (Expert)
01 August 2020

Yes, State of UP through Advocate General shall be a compulsory party to the Special Leave Petition under Article 136 of the Constitution of India.

Dr J C Vashista (Expert)
01 August 2020

You will have to seek permission of Court before filing your petition as "Petitioner-in-Person" to ascertain whether you are competent to assist the Court.
It is not mandatory (but compulsory in general) to file any cause, appeal or petition before Supreme Court through an Advocate-On-Record.

Rajendra K Goyal (Expert)
01 August 2020

Before proceeding it would be better to show full case file to some experienced lawyer who knows full procedure.


Querist : Anonymous (Querist)
02 August 2020

Thank you very much Vashista Sir.

Isaac Gabriel (Expert)
02 August 2020

In your case, e- filing is advisable in web site of the SC



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