1975 (11) TMI 173 - SC - Indian Laws

Supreme Court clarifies State's appeal competency under Indian Penal Code

KHEMRAJ Versus STATE OF M.P.

The Supreme Court considered the competency of the State of Madhya Pradesh's appeal against the acquittal of the appellant under sections 465 and 471 of ... - Issues: Competency of appeal by the State of Madhya Pradesh against the order of acquittal under section 465 read with section 471 of the Indian Penal Code.In this judgment, the Supreme Court considered the appeal by special leave regarding the competency of the State of Madhya Pradesh's appeal against the order of acquittal of the appellant under section 465 read with section 471 of the Indian Penal Code. The appellant had secured a job at the Bhilai Steel Project by submitting forged certificates, falsely claiming to be a Science Graduate meeting the educational qualifications for the position. The prosecution alleged that the appellant had not passed his B.Sc. examination and had procured employment through forged documents. The trial court acquitted the appellant under section 465 read with section 471 but convicted him under section 420 IPC. The High Court dismissed the appellant's revision application and allowed the State's appeal, convicting the appellant under section 465 read with section 471. The appellant contended that the appeal to the High Court was not competent, citing section 417(2) of the Criminal Procedure Code.The Court analyzed the provisions of section 417 of the Criminal Procedure Code, emphasizing the significance of the 1955 Amendment and the inclusion of subsection (2) to provide for appeals in cases investigated by the Delhi Special Police Establishment. The Establishment, a central police force, is constituted under the Delhi Special Police Establishment Act, 1946, and its investigation is central, under the superintendence of the Central Government. The Court explained that the word 'also' in subsection (2) of section 417 does not bar the State government's jurisdiction to direct appeals even in cases investigated by the Establishment. The State government can direct the public prosecutor to appeal, whether directly or through the Central Government, as a matter of procedure. The Court noted that the appeal in this case was filed by the State of Madhya Pradesh following a request from the Superintendent of the Establishment, and thus, the objection to the competency of the appeal was deemed devoid of substance.Ultimately, the Court held that the objection raised by the appellant was without merit, as the appeal filed by the State of Madhya Pradesh was competent. The Court highlighted that no such objection was raised in the High Court, leading to the dismissal of the appeal. The judgment reaffirmed the procedural aspects and the jurisdiction of the State government and the Central Government in directing appeals in cases investigated by the Delhi Special Police Establishment, providing clarity on the competency of appeals in such circumstances.