High Court Can't Refer Legal Issues To Supreme Court Either For Its Guidance Or Indulgence: Allahabad High Court

The Allahabad High Court recently observed that there is no provision under any law for the High Court to refer legal issues to the Supreme Court either for its guidance or for any kind of indulgence.

The Bench of Justice Vivek Agarwal was hearing a criminal revision seeking relief that the matter be sent the case to the Supreme Court of India for appropriate action.

The case in brief

The criminal revision (filed by the party in person) had been filed challenging a 2019 order passed by Sessions Judge, Ghaziabad in a Criminal Appeal reducing the punishment awarded by the trial court in a Criminal Case, wherein the applicant was convicted under Sections 498-A, 323, 377 IPC and Section 4 of Dowry Prohibition Act respectively.

The Appellate Court (Sessions Judge, Ghaziabad), confirmed his conviction under Sections 498-A, 323, 377 IPC, exonerated him from conviction under Section 4 of Dowry Prohibition Act. Further, it reduced the sentence of 5 years under Section 377 IPC to 4 years, maintaining the fine amount.

Now, before the High Court, instead of arguing the criminal revision on its own merits, for which, there are directions of the Supreme Court vide order dated 01.07.2021, the applicant insisted that his Criminal Misc. Application be heard. He claimed that prejudice would be caused if his Criminal Misc. Application isn't heard.

The counsel for the opposite party submitted that this application was not maintainable as the High Court has no jurisdiction either under Constitution or under any other law to refer a matter to the Hon'ble Supreme Court.

Against this backdrop, the court observed thus:

"After hearing revisionist in person and learned counsel for opposite parties, I am in agreement that there is no provision to refer any of the issues raised by the revisionist in person to the Hon'ble Supreme Court either for its guidance or for any kind of indulgence and further prima facie no prejudice has been caused to him till now"

Therefore, the applicant's Criminal Misc. Application was dismissed and the case was listed on September 24, 2021 for argument on the merits of the criminal revision.

Case title - Sanjiv Gupta v. State Of U.P. And Anr.

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