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Supreme Court Appeal


Criminal special leave petition

Procedure

  • The petition seeking special leave to file a criminal appeal should coherently and concisely state all such facts as may be necessary to enable the court to determine whether the special leave should be granted.

  • The petition has to be duly signed by the Advocate for the petitioner unless the petitioner appears in persons. The petition should also state if the petitioner had moved the High Court concerned for leave to appeal against its decision and the order of the High Court regarding the same.

  • The petition should also clearly mention a statement as to whether the petitioner had filed any petition for special leave to appeal against judgment / order under challenge. Earlier if such a special leave petition had been filed earlier, its result should also be mentioned duly supported by an affidavit of the or any other person duly authorized by the appellant.

  • The submissions in the petition should be confirmed only to the pleadings already made before the court / tribunal whose order is challenged and the other documents relied upon in these proceedings. No additional facts, documents as ground can be stated as relied upon without permission of the court.

  • The Petition is to be accompanied by :

  1. A certified copy of the judgment or order appealed from and

  2. An affidavit in support of the statement of facts contained in the petition.

In case the appellant has been sentenced to a term of imprisonment, the petition should mention clearly if the petitioner has surrendered where the petitioner has not surrendered to the sentence. The court cannot hear the petition unless the court exempts the petitioner from surrendering.

Court Fee
No court fee is payable or filing a criminal special leave petition.



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