Section 138 in The Rajasthan Law And Judicial Department Manual, 1952
138. Report when appeal recommended.
(1)If he considers that an appeal should be field, he shall submit a report, through the Head of the Department for the orders of the Government, giving his reasons for recommending an appeal.(2)The report shall be accompanied by :-(i)a copy of the judgment and decree against which it is proposed to appeal; and(ii)a draft of the proposed memorandum of appeal, which shall be drawn up by the Public Prosecutor, if he was engaged in the case.(3)The report must be despatched so as to reach Government with 15 days after the date of the decree - [xxx]: [The expression - 'In case where the appeal lies to the District Court and with In one month where the Appeal lies to the High Court', were deleted by Notification No. F 47/(37) Judl/74 dated 15-10-1979, vide GSR 38, published. In Rajasthan Gazzette Extra Ordinary Part IV-C (1) dated 15-10-1979 Page 1=1979 RSCS Page 462 note 336.]Provided that, in a case where the appeal lies to the District Court, if there is a risk of appeal becoming barred by time, the officer-in-charge may, on his own responsibility, after consultation with the Public Prosecutor, file the appeal and immediately report the action taken to Government.
