2016 (6) TMI 1464 - HC - Indian Laws

Appeal in case of acquittal - cognizable and non-bailable offence - Sections 323, 504, 326, 427 read with Section 34 of IPC - HELD THAT - It is not open for the Public Prosecutor to present the appeal before the High Court against the order of acquittal passed by the Magistrate in respect of cognizable and non-bailable offence. There is categorical bar for presenting such an appeal before the High Court under Section 378(1)(a) of Cr.P.C. On the other hand, the said provision mandates that the appeal needs to be presented before the Sessions Court. In view of the same, this appeal filed by the Public prosecutor/State against the order of acquittal passed by the Magistrate in respect of cognizable and non-bailable offence is not maintainable. In any criminal case involving various offences punishable under different sections of Indian Penal Code in respect of cognizable and non-bailable offences as well as non-cognizable and bailable offences, if the accused is acquitted of the offences, the appeal against the order of acquittal in such an event also needs to be filed by the State through Public Prosecutor before the Sessions Court, inasmuch as the criminal case is only one. Though such criminal case may involve various punishing sections, the criminal case cannot be bifurcated. So also, as against an order of acquittal passed by the Magistrate in any Criminal case, two appeals cannot be riled by the State, one against cognizable offences and another against non-cognizable offences. Hence, the appeal lies before the Sessions Court against the order of acquittal, in which the accused is acquitted of the offences, which are both cognizable as well as non-cognizable and bailable as well as non-bailable (as the matter on hand). Hence, the appeal needs to be dismissed as not maintainable and accordingly, the same stands dismissed as not maintainable.

Summary

Issues: Impugned acquittal order in a criminal appeal involving cognizable and non-bailable offences, maintainability of appeal before the High Court under Section 378(1)(a) of Cr.P.C.

The judgment in question pertains to a criminal appeal filed by the State against the judgment and order of acquittal passed by the II Additional CMM Court, Bangalore. The accused were acquitted of offences under Sections 323, 504, 326, 427 read with Section 34 of IPC. The key issue was the maintainability of the appeal before the High Court concerning cognizable and non-bailable offences. The Court highlighted that the offence under Section 326 is cognizable and non-bailable, emphasizing that the appeal needs to be presented before the Sessions Court as per Section 378(1)(a) of Cr.P.C.

The Court analyzed Section 378(1)(a) and (b) of the Criminal Procedure Code, which specifies the procedure for appeals in case of acquittal. It was noted that the provision clearly outlines that the Public Prosecutor cannot present an appeal before the High Court against an order of acquittal passed by a Magistrate for cognizable and non-bailable offences. The appeal must be directed to the Sessions Court, as mandated by the statute. The judgment referred to a Supreme Court case to support this interpretation, emphasizing that appeals against orders of acquittal for cognizable and non-bailable offences can only be filed in the Sessions Court, not the High Court.

The Court further clarified that in criminal cases involving various offences punishable under different sections of the Indian Penal Code, including cognizable and non-bailable offences, the appeal against an order of acquittal must be filed by the State through the Public Prosecutor before the Sessions Court. It was highlighted that even if a criminal case involves multiple punishing sections, it cannot be bifurcated for separate appeals. Therefore, the appeal before the High Court in such cases is not maintainable, and the proper forum for appeal is the Sessions Court, as reiterated in the judgment.

In conclusion, the Court dismissed the appeal as not maintainable, directing the Registry to return relevant papers to the State Public Prosecutor for filing an appeal before the Sessions Court if deemed necessary. The judgment emphasized the importance of following the procedural requirements for appeals against orders of acquittal, especially concerning cognizable and non-bailable offences, and notified relevant authorities for information and necessary action.