Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Complaint acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Food Adulteration Act, 1954 (37 of 1954) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.378 (as amended by Act 25 of 2005) - Complaint case filed by State I State Authority - Appeal from order of acquittal of the Magistrate - Whether would lie to the Sessions Court u/s.378(1 )(a) CrPC or to the High Court u/s.378(4) CrPC -Held: A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court - In the instant case the complaint alleging offences punishable u/s.16(1)(1A) r/w s. 7 of the PFA Act and the PFA Rules was filed against the appellant complainant Local Health Authority through Delhi Administration but the appellant was acquitted by the Metropolitan Magistrate - The complainant could challenge the order of acquittal by filing an application for special leave to appeal in the High Court and not in the Sessions Court - Therefore, impugned order holding that the case was not governed by s.378(4) CrPC quashed and set aside - Prevention of Food Adulteration Act, 1954 - s. 16(1 )(1 A) r/w s. 7 - Prevention of Food Adulteration Rules, 1955.The High Court, by the impugned judgment, dismissed petition filed by the appellant holding that an appeal filed by the State against an order of acquittal shall lie to the Sessions Court under Section 378(1) CrPC and not under Section 378(4) CrPC to the High Court. The question which arose for consideration in the instant appeal was whether in a complaint case, an appeal from an order of acquittal of the Magistrate would lie to the Sessions Court under Section 378(1)(a) CrPC or to the High Court under Section 378(4) CrPC. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 15 |
Petitioner | Subhash Chand |
Respondent | State (delhi Administration) |
SCR | [2013] 1 S.C.R. 191 |
Judgement Date | 2013-01-08 |
Case Number | 50 |
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