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Subhas Chandra Sarkar vs The State Of West Bengal
- Court
- Supreme Court of India
- Decided
- Sep 22, 2026
- Citation
- 2026 INSC 1052
- Judges
- J.B. Pardiwala, K. Vinod Chandran
AI breakdown
- A father claims negligence after his son died by suicide in a hospital and wants to appeal the acquittal of hospital staff.
- The Supreme Court ruled that the appeal must be filed in the Sessions Court, not the High Court.
- This decision is based on the provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Parties
Applicant
Subhas Chandra Sarkar
Respondent
The State Of West Bengal
Judgment text (excerpt)
Subhas Chandra Sarkar vs The State Of West Bengal on 22 September, 2026
2026 INSC 1052
Reportable
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION
Special Leave Petition (Crl.) No.3418 of 2026
Subhas Chandra Sarkar ...Petitioner (s)
Versus
The State of West Bengal & Ors. ...Respondent (s)
ORDER
The petitioner, who appeared in person, was given
assistance by Amicus Curiae, appointed by this Court on
25.03.2026; learned Counsel, Mr. Jayesh Gaurav and Mr.
Kuldeep Rai.
2. We heard learned Amicus Curiae, petitioner-in-person,
learned AoR for the respondent-State, Sri Kunal Mimani and
learned AoRs appearing for the party respondents, Sri Manish
Gupta and Sri Ananta Prasad Mishra.
3. The only question arising in the Special Leave Petition
is as to whether the impugned order rejecting the appeal filed
Signature Not Verified
before the High Court from an order of acquittal passed by a
Digitally signed by
HARPREET KAUR
Date: 2026.09.24
Judicial Magistrate, leaving liberty to file an appeal before the
18:45:39 IST
Reason:
Sessions Court is proper or not.
Page 1 of 7
SLP (Crl.) No.3418 of 2026
4. The first contention of the party-in-person relying on
the judgment of this Court in Rajan Chadha and Another v.
Sanjay Arora1 is that the writ petition having been admitted by
a learned Single Judge, a Coordinate Bench cannot reject it on
the question of maintainability. We are unable to accept the
proposition, and it does not…

Source: Indian Kanoon (indiankanoon.org). Indian court judgments are public records; the summary and translations are AI-generated.