2016 (6) TMI 1464

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....ditional CMM Court, Bangalore dated 22.1.2015 passed in C.C. No. 23501/2015 is impugned in this Criminal Appeal filed by the State. The accused were tried and acquitted of the offences punishable under Sections 323, 504, 326, 427 read with Section 34 of IPC. It is not in dispute that the offence punishable under Section 326 is cognizable and non-bailable. Hence, it is dear that the 'Court belo....

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....igh Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.]" 3. The bare perusal of the aforementioned provision makes abundantly clear that it is not open for the Public Prosecutor to present the appeal before the High Court against the order of acquittal passed by the Magistrate in respect of cognizable and non-bailable offence. There is....

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....ar that the State Government cannot direct the Public Prosecutor to me an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence because of the categorical bar created by Section 378(1)(b). Such appeals, that is, appeals against orders of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence can only be filed i....

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....t also needs to be filed by the State through Public Prosecutor before the Sessions Court, inasmuch as "the criminal case" is only one. Though such criminal case may involve various punishing sections, the criminal case cannot be bifurcated. So also, as against an order of acquittal passed by the Magistrate in any Criminal case, two appeals cannot be riled by the State, one against cognizable offe....