SLP in SC

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
Appeal time over. After 3 years, whether possible to file SLP in SC, challenging the dismissal order by High Court in a Criminal case.

Whether SLP itself will be treated as appeal in this case?

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R.Ramachandran (Expert) 09 January 2011
No. SLP is hopelessly time-barred.

Arun Kumar Bhagat (Expert) 09 January 2011
Chances are very thin.

Amit Minocha (Expert) 09 January 2011
very remote(remotest i should say) possibility, first you have to assign very strong reasons for sleeping over for 3 yrs.

Gulshan Tanwar (Expert) 15 January 2011
Instead of SLP why dont you go for writ.

Writ Petition (Crl.) No limitation

Transfer Petition (Crl.) No limitation No Spl. Leave Petition (Crl.)
60 days from the date of the impugned order in cases involving sentence of death.
90 days from the date of the impugned order. In other cases if the Nature of the
Matters Prescribed period of limitation
Prescribed Court fee limitation is claimed
from the date of refusal of certificate of
fitness to appeal, then 60 days from the date of refusal Criminal Appeal by
Certificate of fitness (under Article 132 (1) and 134 of the Constitution of India, 1950 60 days from the date of order granting Certificate

There are some case laws for the condonation, but the fact must be such that it overcomes the condonation.

Gulshan Tanwar (Expert) 15 January 2011
Well directly saying you cannot file....

but I would like to know whether you have the certificate from the High Court and if you had not applied for then please check.

Remember this thing for always... Dont go with Appeal / Writ .... instead go with petition under Art.142 of the Constitution to help the person who hadnt got complete justice. This Article is such a big tool that it overcomes all the powers of Supreme Court and the Supreme Court is bound to follow the petitions filed under it.

Though you were sleeping over your rights, still you can file under it and the only technicality is that You shouldnt file for certificate for SLP.

Rest will tell you.

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