STATE OF MADHYA PRADESH Vs. MOORATSINGH

JUDGEMENT

(1.) THE present appeal was filed by the State under Section 417 of the Code of Criminal Procedure against Mooratsingh, Nathoo and Ramprasad against acquittal of the aforesaid persons of the charges, under Sections 364, 302 and 149 of the Indian Penal code, recorded by the Additional Sessions Judge, Sagar in Sessions Trial No. 107 of 1973, dated 30-4-1973. The appeal was admitted by this Court vide its order dated 13-9-1973 against Mooratsingh only.

(2.) AFTER the admission of this appeal, an Interlocutory Application No. 1386 of 1973 was filed pn behalf of the respondent Mooratsingh praying for a direction to the State Government for the wihdrawal of the appeal for the reasons stated in the said application. This application, was subsequently withdrawn as would be evident from this Court's order dated 1-2-1974. Subsequent to this, an Interlocutory Application No. 986 of 1974 has been filed on behalf of the State-appellant purporting to be under Section 482 (561-A of the Old Criminal Procedure Code) of Criminal Procedure Code, 1973, praying that the State be allowed to withdraw the appeal.

(3.) THE instant appeal was filed and admitted when the Criminal Procedure Code, 1898 (hereinafter referred to as Code) was in force; hence"" it is this Code which would be applicable to the instant appeal.