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2016 (6) TMI 1464 - HC - Indian LawsAppeal in case of acquittal - cognizable and non-bailable offence - Sections 323 504 326 427 read with Section 34 of IPC - HELD 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 categorical bar for presenting such an appeal before the High Court under Section 378(1)(a) of Cr.P.C. On the other hand the said provision mandates that the appeal needs to be presented before the Sessions Court. In view of the same this appeal filed by the Public prosecutor/State against the order of acquittal passed by the Magistrate in respect of cognizable and non-bailable offence is not maintainable. In any criminal case involving various offences punishable under different sections of Indian Penal Code in respect of cognizable and non-bailable offences as well as non-cognizable and bailable offences if the accused is acquitted of the offences the appeal against the order of acquittal in such an event 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 offences and another against non-cognizable offences. Hence the appeal lies before the Sessions Court against the order of acquittal in which the accused is acquitted of the offences which are both cognizable as well as non-cognizable and bailable as well as non-bailable (as the matter on hand). Hence the appeal needs to be dismissed as not maintainable and accordingly the same stands dismissed as not maintainable.
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