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State of Jammu-Kashmir - Section

Section 417 in The Code of Criminal Procedure, 1989 (1933 A. D.)

417. [ Appeal in case of acquittal. [Section 417 substituted by Act XLII of 1956.]

- Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than the High Court.
(2)if such an order of acquittal is passed in any case instituted upon complaint and the High Court on an application made to it by the complainant in this behalf, grant special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(3)No application under sub-section (2) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order of acquittal.
(4)If, in any case, the application under sub-section (2) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under section (1)].[Explanation. - For the purposes of this section the expression "Public Prosecutor" shall include and shall be deemed always to have included the [Advocate General, Senior Additional Advocate General, Additional Advocate General and Government Advocate] [Explanation inserted by Act XXVII of 1957.], [Dy. Advocate General.] [Substituted by Act XI of 2006, Section 2.]]