Asstt. Commr. Of C. Ex., Hyderabad vs Sabnife Power Systems Ltd.

The Supreme Court held that a Special Public Prosecutor appointed under Section 24(8) Cr.P.C. qualifies as a Public Prosecutor for the purposes of filing an appeal under Section 377(2) Cr.P.C., thus overturning the High Court's erroneous conclusion that such an appeal was not maintainable. The Court emphasized that the High Court should have exercised its revisional jurisdiction in this case, allowing the appeal to be treated as a revision application. Consequently, the appeal was partly allowed, directing the High Court to decide the case on merits.