STATE OF UTTAR PRADESH Vs. NAND KISHORE MISRA

JUDGEMENT

(1.) The respondent was prosecuted under Ss. 279, 337, 378, 427, and 304A, I.P.C. While convicting the respondent under the above Sections the Magistrate released him on probation under S. 4 of the U.P. First Offenders Probation Act, 1958 (hereinafter called the Act). Aggrieved by the said order, the State of U.P. filed an appeal before the High Court under S. 377, Criminal Procedure Code. The High Court on the interpretation of S. 377, Criminal Procedure Code and S. 11(2) of the Act came to the conclusion that no appeal was competent before the High Court. While dismissing the appeal, the High Court observed as. under:

(2.) The State of U.P. has further come up in appeal to this Court via special leave petition.

(3.) Section 377(1) of the Criminal Procedure Code is as under: