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august 1969

Supreme Court of India · 1969-08-14

KHETRABASI SAMAL ETC. vs STATE OF ORISSA ETC.

Citation / case number
SC 1967/156
Court
Supreme Court of India
Petitioner
KHETRABASI SAMAL ETC.
Respondent
STATE OF ORISSA ETC.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that under Section 417(1) of the Code of Criminal Procedure, an appeal against acquittal can only be filed by the State Government when the case is initiated on a police report. The Court clarified that while cases can be clubbed for convenience under Section 239, this does not alter the appealability under Section 417. The Court further ruled that a private complainant can invoke the High Court's revisional powers under Section 439 only in exceptional circumstances, which were not present in this case, leading to the dismissal of the appeal.

KHETRABASI SAMAL ETC. vs STATE OF ORISSA ETC. · Niyam