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1989 DIGILAW 16 (ORI)

LAXMI BARIK v. STATE OF ORISSA

1989-01-19

V.GOPALASWAMY

body1989
ORDER V. Gopalaswamy. J. 1. In 'spite' of notice to the Advocates for the Appellant, none appears. The matter was listed before this Court today. 2. Laxmikanta Barik has filed this application for leave to appeal to the Supreme Court against the judgment passed by this Court on 30-1-1988 dismissing the Criminal Appeal preferred by him. Article 134-A of the Constitution of India contains the provision for granting the certificate for leave to appeal. Article 134-A is quoted below for convenience of reference: 134-A Certificate for appeal to the Supreme Court-1 very High Court, passing or making a judgment, decree, final order, or sentence, referred to in Clause (1) of Article 132 or Clause (1) of Article 133 or Clause (1) of Article 134. (a) may if it deems fit so to do, on its own motion, and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree final order or sentence. Determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in Clause (1) of Article 132, or Clause (1) or Article 13 or, as the case may be Sub-clause (c) of Clause (1) of Article 34 may be given in respect of that case, Article 131-A has come into force with effect from 1-8-1979 It has been introduced with the object of avoiding delay and further keeping in view that if an oral application for grant of a certificate is made immediately on the pronouncement of the judgment, all the facts of the case would be fresh in the mind of the Hon?ble Judge or in the minds of the Hon?ble Judges deciding the case. 3. While considering the scope of Article 134-A of the Constitution this Court in State of Orissa v. Sashi Bhusan Kar 60 (1986) CLT 150 observed thus: As would be clear from this provision made in the Constitution of India, a certificate for leave to appeal to the Supreme Court can be granted on an oral application made by or on behalf of the aggrieved party immediately after the passing or making of the judgment, decree, final order or sentence or if the Court deems it fit on its own motion that such a certificate should be-granted. By making express provision in Article 134-A that leave to appeal can be granted as provided therein a written application for leave to appeal to the Supreme Court cannot be entertained in law. What has been provided in Article 134-A is the only course for grant of a certificate for leave to appeal. It cannot be said to be an enabling or supplemental provision. The above view of this Court is fully supported by Keshava S. Jamkhandi v. Hamachandra S. Jamkhandi AIR 1981 Kar. 97 (Full Bench). Hence it is clear from the above quoted decisions that a party who faits to make an oral application immediately after the passing of a judgment, decree, final order or sentence cannot file a written application for a certificate for appeal to Supreme Court at a subsequent stage for there is no provision for such an application u/s 134-A. 4. Hence, I hold that the application filed is not maintainable as it is beyond the scope at Art 134-A Even otherwise also there is no substantial question of law of general importance involved in the matter. In the result, in any view of the matter, this is not a fit rase for granting the certificate under Article 134-A and therefore, the application for leave to appeal to the Supreme Court is rejected. Final Result : Dismissed