STATE OF JHARKHAND Vs. AJAY KUMAR SINHA

JUDGEMENT

(1.) This appeal against an order of acquittal is purportedly filed under sub-section (1) of Section 378 of the Code of Criminal Procedure, even though in the cause title of the Memo of appeal it has wrongly been mentioned that the appeal is under sub-section (5) of Section 378 also. Since admittedly (as is evident from a reading of the judgment under challenge in this appeal), the case in which the order of acquittal was passed was not instituted upon a complaint, but was instead instituted on a police report, sub-section (5) of Section 378 would have no application in this case and this appeal would thus be governed by and under sub-section (1) of Section 378, Cr. P.C. We, however, wish to observe about two technical and legal problems/defects in this case the first relates to this Court and the second is about the maintainability of the appeal itself.

(2.) In so far as the defect relating to this Court is concerned, the Registry has registered this appeal as "Govt. Appeal No. 5 of 2002." prior to the coming into force of the High Court of Jharkhand Rules, 2001, appeals against orders of acquittal were, indeed, being registered as "Govt. Appeals", but after coming into force of the aforesaid Rules, vide Rule 84, the nomenclature of these types of cases has been changed and an appeal filed under Section 378 of the Code of Criminal Procedure against an order of acquittal is now required to be registered as "Acquittal Appeal". This is clearly evident from Entry 25 of Rule 84 . Ignoring the aforesaid prescribed nomenclature under the Rules of 2001, the Registry has wrongly styled the appeal as "Govt. Appeal No. 5 of 2002".

(3.) In so far as the maintainability of the appeal itself is concerned, sub- section (1) of Section 378, Cr. P.C. clearly stipulates, suggests, prescribes and lays down that the State Government may, in an appropriate case, direct the Public Prosecutor to present an appeal to the High Court from an order of acquittal. For ready reference we reproduce sub-section (1) of Section 378 of the Code of Criminal Procedure, which reads thus :