Criminal Special Leave Petition Format in Supreme Court
An illustrative Special Leave Petition (Criminal) under Article 136 of the Constitution of India, including a synopsis, list of dates, questions of law, grounds, interim relief and prayer.
Legal basis of a criminal Special Leave Petition
Article 136 of the Constitution: The Supreme Court may, in its discretion, grant special leave to appeal from a judgment, decree, determination, sentence or order of a court or tribunal in India, subject to the constitutional exception for courts or tribunals constituted under laws relating to the Armed Forces. This is a discretionary jurisdiction, not an appeal as of right.
Supreme Court Rules, 2013: Order XXII governs petitions for special leave to appeal in criminal proceedings. The petition must comply with the applicable prescribed form, declarations, annexure and affidavit requirements, and current Registry practice directions.
Section 94, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Addresses summons or written orders for production of documents, electronic communications and other things considered necessary or desirable for investigation, inquiry, trial or other proceedings. The corresponding provision in the Code of Criminal Procedure, 1973 (CrPC) is Section 91. The accused does not obtain an unrestricted right to summon any document at any stage; relevance, necessity and applicable case law must be considered.
Section 528 BNSS: Preserves the High Court's inherent powers to give effect to orders under the BNSS, prevent abuse of process and secure the ends of justice. The corresponding earlier provision was Section 482 CrPC.
Transition: The BNSS generally came into force on 1 July 2024. Section 531 contains repeal and savings provisions. Proceedings pending before commencement may continue under the CrPC where the savings clause applies. Identify the law governing the particular proceeding rather than mechanically replacing every CrPC reference.
Limitation, documents and representation
For criminal SLPs, the applicable limitation period depends on the nature of the order and governing rules. The Supreme Court Rules generally prescribe 90 days for criminal SLPs in cases other than those concerning a sentence of death, and 60 days where the petition concerns a sentence of death, subject to the relevant starting point, exclusions and any special circumstances. Verify the precise rule and computation before filing. A delayed petition ordinarily requires an application for condonation of delay explaining the delay.
Supreme Court filings are ordinarily made through an Advocate-on-Record (AoR), subject to the Court's rules for party-in-person proceedings. An SLP should contain the impugned order, material lower-court orders, necessary pleadings and annexures, properly certified translations where needed, and accurate declarations concerning earlier petitions.
Illustrative synopsis and list of dates
Synopsis
The Petitioners seek special leave to appeal against the final judgment and order dated __________ passed by the High Court of __________ in Criminal Original Petition No. __________ of 20____, by which the High Court set aside the order dated __________ of the Chief Judicial Magistrate, __________, directing production of a document relevant to the disputed sale agreement.
The underlying criminal case concerns an allegedly forged sale agreement dated __________ relating to land measuring __________. The Petitioners contend that an official inquiry report and the original or certified record are material to determining the authenticity and evidentiary significance of the disputed document. The investigating agency had earlier excluded the Petitioners from the charge-sheet, while the de facto complainant pursued a protest petition.
The Petitioners submit that the High Court did not adequately examine the relevance, necessity and procedural stage of the proposed production under Section 91 CrPC or Section 94 BNSS, as applicable. The Petitioners seek leave to appeal and, where justified, interim protection against irreversible prejudice during the pendency of the petition.
List of dates and events
| Date | Event |
|---|---|
| __________ | Alleged sale agreement concerning the disputed property executed or purportedly prepared. |
| __________ | Crime No. ____ of 20____ registered or transferred to the investigating agency; Petitioners named as accused. |
| __________ | Investigation completed; charge-sheet filed against specified accused and Petitioners' names omitted, as applicable. |
| __________ | Chief Judicial Magistrate took cognizance; complainant filed a protest petition. |
| __________ | Trial court disposed of the protest petition; subsequent High Court proceedings and any earlier SLP orders followed. |
| __________ | Trial court directed production of the relevant inquiry report or other identified document. |
| __________ | De facto complainant challenged that direction before the High Court; Petitioners filed their counter-affidavit. |
| __________ | High Court passed the impugned order setting aside the production direction. |
| __________ | Present Special Leave Petition filed. |
Specimen Special Leave Petition (Criminal)
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO. ____ OF 20____
UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA
(Arising from the judgment and order dated ________ passed by the High Court of ________ in Criminal Original Petition No. ____ of 20____)
In the matter of
__________ and others ... Petitioners
Versus
__________ and others ... Respondents
Position of parties: Petitioner No. 1: Accused No. ____ before the trial court; Respondent No. 1: de facto complainant; Respondent No. 2: State/investigating agency. Specify the actual status of every party before each court.
To the Hon'ble Chief Justice of India and the Companion Justices of the Supreme Court of India.
The humble petition of the Petitioners above named:
MOST RESPECTFULLY SHOWETH:
1. Impugned judgment and background
1.1 The Petitioners challenge the final judgment and order dated ________ passed by the High Court of ________ in Criminal Original Petition No. ____ of 20____, whereby the High Court set aside the order dated ________ of the Chief Judicial Magistrate, ________, in C.M.P. No. ____ of 20____.
1.2 The trial court had directed production of the office copy of an inquiry report submitted to the Registrar (Judicial/Vigilance), High Court of ________, or such other identified document, for consideration of the genuineness and relevance of Document No. ____ concerning an alleged sale agreement dated ________.
1.3 The Petitioners state that the investigating agency had filed its final report against ________ and had not charge-sheeted the Petitioners. The de facto complainant subsequently pursued a protest petition. The history of the protest petition, the orders passed thereon and any previous proceedings before this Hon'ble Court are set out in the synopsis and annexures.
1.4 The Petitioners state that the property was divided among legal heirs in ________ and that certain interests were subsequently transferred to third parties. These facts are relied upon only to the extent established by documents on record.
2. Questions of law
A. Whether, on the facts and procedural stage of this case, the High Court correctly applied the test of necessity or desirability for production of documents under Section 91 CrPC or Section 94 BNSS, whichever governs the proceeding?
B. Whether the High Court failed to consider the materiality of the specified inquiry report to the allegation that the sale agreement was forged?
C. Whether the impugned judgment correctly applied the binding principles governing production of defence material at the stage of charge, including the limited treatment of material of sterling and unimpeachable quality where legally permissible?
D. Whether setting aside the trial court's production order without considering the full procedural history occasioned a substantial failure of justice warranting exercise of jurisdiction under Article 136?
3. Declaration regarding earlier petitions
The Petitioners declare that no other Special Leave Petition against the impugned judgment and order has been filed, except ________. Full particulars and outcomes of any prior proceedings, including any withdrawn or dismissed petition concerning the same controversy, are disclosed here: ________.
4. Declaration regarding annexures
The documents annexed as Annexures P-1 to P-____ are true copies of the documents relied upon from the proceedings below, except documents specifically identified as additional material. Any additional documents are accompanied by the requisite application or explanation, as required by the Supreme Court Rules.
5. Grounds
A. Because the High Court did not adequately examine whether the requested report was necessary or desirable for a fair determination of the issue actually pending before the trial court.
B. Because the disputed sale agreement, Document No. ____, is central to the allegation of forgery and the identified inquiry record is asserted to bear directly on its authenticity, subject to proof of relevance and admissibility.
C. Because the Petitioners submit that the High Court applied the governing procedural provision without adequately distinguishing the stage of proceedings, the identity of the applicant and the specific purpose for which production was sought.
D. Because the High Court did not adequately address the earlier orders governing the protest petition and the effect of the investigating agency's conclusions regarding the Petitioners.
E. Because the Petitioners contend that the resulting prejudice cannot adequately be cured without reconsideration of the impugned judgment, for the reasons particularised in the accompanying record.
6. Grounds for interim relief
The Petitioners have an arguable case for consideration under Article 136. Unless limited interim protection is granted, the proceedings in C.M.P. No. ____ of 20____ / C.C. No. ____ of 20____ may progress in a manner said to cause irreparable procedural prejudice. The Petitioners undertake to cooperate with all proceedings and seek only such relief as is necessary to preserve the subject matter of the petition. The balance of convenience and potential prejudice to all parties are respectfully placed before this Hon'ble Court.
7. Main prayer
It is therefore respectfully prayed that this Hon'ble Court may be pleased to:
(a) Grant special leave to appeal against the judgment and order dated ________ passed by the High Court of ________ in Criminal Original Petition No. ____ of 20____;
(b) Pass such further orders as this Hon'ble Court considers just and proper in the circumstances.
8. Prayer for interim relief
(a) Pending disposal of this petition, stay the operation of the impugned order dated ________ and/or further proceedings in C.M.P. No. ____ of 20____ in C.C. No. ____ of 20____, to the extent considered necessary by this Hon'ble Court;
(b) Pass such other interim directions as the interests of justice require.
AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS IN DUTY BOUND SHALL EVER PRAY.
Filed by: ____________________
Advocate-on-Record for the Petitioners
Drawn on: __________
Filed on: __________
Place: New Delhi
Practical filing checklist
- Verify the impugned order, date of receipt and limitation calculation.
- Disclose previous SLPs, appeals, review petitions and material orders accurately.
- Use the prescribed Supreme Court SLP form and current filing, pagination, affidavit and annexure requirements.
- Attach relevant lower-court orders, the protest petition, charge-sheet/final report and document-production application where relied upon.
- Identify whether Section 91 CrPC or Section 94 BNSS applies, with reasons under the savings provisions.
- Confirm the correct penal provisions: the source specimen contains an incomplete IPC section reference and must not be copied without checking the charge-sheet.
- Obtain AoR review and prepare applications for exemption, additional documents, condonation of delay or interim relief where necessary.
Official legal resources
Refer to the Supreme Court of India for rules, filing guidance and judgments; India Code for the Constitution, BNSS and CrPC; and the Legislative Department for official legislative publications. Confirm the current consolidated text, notifications and judicial interpretation before filing.
This educational specimen preserves the original case illustration while correcting drafting errors and identifying changes introduced by the BNSS. Facts, procedural history, cited judgments and requested relief must be independently verified for each case.