Supreme Court of India · 1981-03-12
STATE OF RAJASTHAN vs SMT. MANBHAR ETC.
- Citation / case number
- SC 1977/61817
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- SMT. MANBHAR ETC.
- Author
- A.D. KOSHAL
- Bench
- A.D. KOSHAL
Judgment text excerpt
The Supreme Court ruled that under Section 378(1) of the Code of Criminal Procedure, only a Public Prosecutor, as defined in Section 24 and Section 2(u), has the locus standi to appeal against an acquittal order. The Court held that the Deputy Government Advocate of Rajasthan did not qualify as a Public Prosecutor for the purpose of filing an appeal against acquittal, as he was not appointed under Section 24 nor acting under the direction of a Public Prosecutor. Consequently, the appeals were dismissed, affirming the High Court's decision.