State power to direct appeal against acquittal remains valid in Delhi Special Police Establishment cases.

In cases investigated by the Delhi Special Police Establishment, Section 417 of the Code of Criminal Procedure, 1898 was read as conferring a general power on the State Government to direct an appeal against acquittal, while Section 417(2) added a separate power in the Central Government. The Supreme Court treated the word "also" in sub-section (2) as showing that the Central Government's power was additional, not exclusive. On that construction, the State Government could validly direct an appeal in its own name, and the objection to maintainability failed.

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Issues: Whether, in a case investigated by the Delhi Special Police Establishment, an appeal against acquittal could validly be directed by the State Government under Section 417(1) of the Code of Criminal Procedure, 1898, notwithstanding Section 417(2).

Analysis: Section 417(1) conferred a general power on the State Government to direct an appeal against an order of acquittal in any case, while Section 417(2) added a corresponding power in the Central Government for cases investigated by the Delhi Special Police Establishment. The use of the word "also" in sub-section (2) was treated as significant, indicating that the Central Government's power was additional and not exclusive. The Court read the Delhi Special Police Establishment Act, 1946 and the amended scheme of Section 417 as showing that the Central Government's concern with such investigations did not exclude State Government action when the matter was moved before it and the appeal was filed in the State's name.

Conclusion: The appeal by the State Government was competent and the objection to its maintainability failed.

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