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march 1981

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.

STATE OF RAJASTHAN vs SMT. MANBHAR ETC. · Niyam