T.M. Jacob Vs. State of Kerala & Anr.
EmailAppeal: Civil Appeal No. 3177 of 2000
(Arising out of S.L.P.(C) No. 3398/2000)
Petitioner: T.M. Jacob
Respondent: State of Kerala & Anr.
Apeal: Civil Appeal No. 3177 of 2000
(Arising out of S.L.P.(C) No. 3398/2000)
Judges: D.P. WADHWA & RUMA PAL, JJ.
Date of Judgment: Feb 05, 2000
Head Note:
CONSTITUTION
Article 194 – Applicability – Criminal proceedings – Opinion ex-pressed that Article 194 not applicable – Yet, matter remitted to consider applicability. Held that trial court shall apply its mind regarding applicability, uninfluenced by observation made by High Court.
JUDGEMENT:
ORDER
1. Leave granted.
2. In this matter, we had issued notice on March 13, 2000 which reads as under:
“It has been mentioned that High Court has taken the view that Article 194 of the Constitution of India would not be applicable in the circumstances of the case and yet it has stated that the matter could be gone into by criminal court. Limited to this, issue notice returnable within six weeks.”
3. Although the High Court has remitted the question of applica-bility of Article 194 of the Constitution of India to the trial court yet at the same time the High Court has said that “On look-ing into the charge sheet, we are of the view that it is not hit by Article 194 of the Constitution of India.” We are of the view that this observation would certainly come in the way of the trial court in applying its independent mind on the question of the applicability of Article 194 of the Constitution of India. We, therefore, direct that the trial court will consider the question of the applicability of Article 194 of the Constitution uninfluenced by any observation made by the High Court in the im-pugned judgment. The appeal is disposed of.
1. Leave granted.
2. In this matter, we had issued notice on March 13, 2000 which reads as under:
“It has been mentioned that High Court has taken the view that Article 194 of the Constitution of India would not be applicable in the circumstances of the case and yet it has stated that the matter could be gone into by criminal court. Limited to this, issue notice returnable within six weeks.”
3. Although the High Court has remitted the question of applica-bility of Article 194 of the Constitution of India to the trial court yet at the same time the High Court has said that “On look-ing into the charge sheet, we are of the view that it is not hit by Article 194 of the Constitution of India.” We are of the view that this observation would certainly come in the way of the trial court in applying its independent mind on the question of the applicability of Article 194 of the Constitution of India. We, therefore, direct that the trial court will consider the question of the applicability of Article 194 of the Constitution uninfluenced by any observation made by the High Court in the im-pugned judgment. The appeal is disposed of.
