STATE OF RAJASTHAN Vs. MANBHAR:SHEOKARAN:KALYAN

JUDGEMENT

(1.) By this judgment we shall dispose of three appeals, viz. , Criminal Appeals 10 and 11 of 1976 and Criminal Appeal 285 of 1977 in each one of which the question arising for determination by us is the same. The first of them is by special leave granted by this Court and the other two are by certificate granted by the High Court of Rajasthan against its three orders dated 29/07/1974, all holding that the Deputy government Advocate of Rajasthan had no locus standi under the Code of Criminal Procedure (hereinafter referred to as 'the Code') to prefer an application under Section 378 thereof for leave to appeal on behalf of the State against an order of acquittal recorded by a lower court in a murder case.

(2.) The relevant provisions of the Code are Ss. (1) of Section 378, Ss. (1) of S. 24 and clause (u) of S. 2. The same are reproduced below in that order:

(3.) It will be seen that under Ss. (1) of S. 378, only a Public Prosecutor can present an appeal to the High Court from an original or appellate order of acquittal passed by any court subordinate to the High Court, if so directed by the State government. Again, for a person to be a Public Prosecutor, it is necessary that he is either appointed as such under S. 24 or acts under the directions of a Public Prosecutor so appointed.