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IndiaCriminal

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