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november 1975

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.

KHEMRAJ vs STATE OF MADHYA PRADESH · Niyam