Supreme Court of India · 1959-10-27
N. R. GHOSE alias NIKHIL RANJAN GHOSE vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1957/60038
- Court
- Supreme Court of India
- Petitioner
- N. R. GHOSE alias NIKHIL RANJAN GHOSE
- Respondent
- THE STATE OF WEST BENGAL
- Bench
- KAPUR, J.L.
Judgment text excerpt
The Supreme Court held that the acquittal of the appellant by a Special Judge was valid and constituted a bar to further trial under Section 403 of the Code of Criminal Procedure, 1898. The Court ruled that the earlier decision of the High Court, which deemed the acquittal invalid due to the Act being declared ultra vires, was incorrect following the Supreme Court's ruling in Kedar Nath Bajoria v. The State of West Bengal. The Court emphasized that a party is not required to appeal every error in intermediate orders to preserve their rights, allowing the appellant to challenge the High Court's order in this appeal.