9911796707
TMI Blog2016 (6) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-sections (3) and (5),-- (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.] 3. The bare perusal of the aforementioned provision makes abundantly clear that it is not open for the Public Prosecutor to present the appeal before the High Court against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Magistrate in respect of a cognizable and non-bailable offence from the control of the State Government. Therefore, in all other cases where orders of acquittal are passed appeals can be flied by the Public Prosecutor as directed by the State Government to the High Court. We make it clear that 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
