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Whether private party in criminal case can file appeal befor

Whether private party in criminal case can file appeal before supreme court as per Article 136 of constitution?

Further, this Court in the case of Ramakant
Rai’s case (supra) has held thus:
“12. A doubt has been raised about the
competence of a private party as
distinguished from the State, to invoke the
jurisdiction of this Court under Article 136
of the Constitution of India, 1950 (in short
“the Constitution”) against a judgment of
acquittal by the High Court. We do not see
any substance in the doubt. The appellate
power vested in this Court under Article 136
of the Constitution is not to be confused
with the ordinary appellate power exercised
by appellate courts and Appellate Tribunals
under specific statutes. It is a plenary
power, “exercisable outside the purview of
ordinary law” to meet the pressing demands of
justice (see Durga Shankar Mehta v. Raghuraj
Singh). Article 136 of the Constitution
neither confers on anyone the right to invoke
the jurisdiction of this Court nor inhibits
anyone from invoking the Court’s
jurisdiction. The power is vested in this
Court but the right to invoke the Court’s
jurisdiction is vested in no one. The
exercise of the power of this Court is not
circumscribed by any limitation as to who may
invoke it. Where a judgment of acquittal by
the High Court has led to a serious
miscarriage of justice, this Court cannot
refrain from doing its duty and abstain from
interfering on the ground that a private
party and not the State has invoked the
Court’s jurisdiction. We do not have
slightest doubt that we can entertain appeals
against judgments of acquittal by the High
Court at the instance of interested private
parties also. The circumstance that the
Criminal Procedure Code, 1973 (in short “the
Code”) does not provide for an appeal to the
High Court against an order of acquittal by a
subordinate court, at the instance of a
private party, has no relevance to the
question of the power of this Court under
Article 136. We may mention that in Mohan Lal
v. Ajit Singh this Court interfered with a
judgment of acquittal by the High Court at
the instance of a private party. An
apprehension was expressed that if appeals
against judgments of acquittal at the
instance of private parties are permitted
there may be a flood of appeals. We do not
share the apprehension. Appeals under Article
136 of the Constitution are entertained by
special leave granted by this Court, whether
it is the State or a private party that
invokes the jurisdiction of this Court, and
special leave is not granted as a matter of
course but only for good and sufficient
reasons, on well-established practice of this
Court.”
In Esher Singh’s case (supra), it has been held by
this Court that Article 136 of the Constitution of
India neither confers on anyone the right to invoke
the jurisdiction of this Court nor inhibits anyone
from invoking it. The relevant para 29 of the case
reads thus:
“29. A doubt has been raised in many cases
about the competence of a private party as
distinguished from the State, to invoke the
jurisdiction of this Court under Article 136 of
the Constitution against a judgment of
acquittal by the High Court. We do not see any
substance in the doubt. The appellate power
vested in this Court under Article 136 of the
Constitution is not to be confused with
ordinary appellate power exercised by appellate
courts and appellate tribunals under specific
statutes. It is a plenary power “exercisable
outside the purview of ordinary law” to meet
the pressing demands of justice. (See Durga
Shankar Mehta v. Raghuraj Singh.) Article 136
of the Constitution neither confers on anyone
the right to invoke the jurisdiction of this
Court nor inhibits anyone from invoking the
Court’s jurisdiction. The power is vested in
this Court but the right to invoke the Court’s
jurisdiction is vested in no one. The exercise
of the power of this Court is not circumscribed
by any limitation as to who may invoke it.
Where a judgment of acquittal by the High Court
has led to a serious miscarriage of justice,
this Court cannot refrain from doing its duty
and abstain from interfering on the ground that
a private party and not the State has invoked
the Court’s jurisdiction. We do not have the
slightest doubt that we can entertain appeals
against judgments of acquittal by the High
Court at the instance of interested private parties also. The circumstance that the Code
does not provide for an appeal to the High
Court against an order of acquittal by a
subordinate court, at the instance of a private
party, has no relevance to the question of the
power of this Court under Article 136. We may
mention that in Mohan Lal v. Ajit Singh this
Court interfered with a judgment of acquittal
by the High Court at the instance of a private
party. An apprehension was expressed that if
appeals against judgments of acquittal at the
instance of private parties are permitted,
there may be a flood of appeals. We do not
share the apprehension. Appeals under Article
136 of the Constitution are entertained by
special leave granted by this Court, whether it
is the State or a private party that invokes
the jurisdiction of this Court, and special
leave is not granted as a matter of course but
only for good and sufficient reasons, well
established by the practice of this Court.”
(emphasis supplied by this Court)
Further, in Rama Kant Verma’s case (supra) this Court
has reiterated the aforesaid view that the appellate
power of this Court under Article 136 of the
Constitution of India is not just an ordinary
appellate power exercised by appellate courts and
appellate tribunals under specific statutes. It is a
plenary power which can be exercised outside the
purview of ordinary law to meet the ends of justice.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 299 OF 2016
(Arising out of SLP (Crl.) No.2866 of 2011)
AMANULLAH AND ANR. ………APPELLANTS
Vs.
STATE OF BIHAR AND ORS. ……RESPONDENTS

V.GOPALA GOWDA, J.
Dated;12th April, 2016

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