Supreme Court of India · 1975-11-19
KHEMRAJ vs STATE OF MADHYA PRADESH
- Citation / case number
- SC 1975/60509
- Court
- Supreme Court of India
- Petitioner
- KHEMRAJ
- Respondent
- STATE OF MADHYA PRADESH
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court addressed the competency of the State's appeal against acquittal under Section 417(2) of the Criminal Procedure Code, 1898, in a case involving Sections 465 and 471 of the Indian Penal Code. The Court held that the State Government retains the jurisdiction to direct the public prosecutor to present an appeal even in cases investigated by the Delhi Special Police Establishment. The judgment clarified that the amendment to Section 417(2) does not limit the State's power to initiate appeals, affirming the broader interpretation of the term 'also' in the statute.