Madhya Pradesh High Court
State Of M.P vs Jai Kali Maa Prathamik Upbhogata Shkari ... on 15 February, 2017
1 MCRC 9675/2013
(State of M.P. vs. Jai kali Maa Prathamik Upbhogta)
15.2.2017
Shri Girdhari Singh Chouhan, Public Prosecutor for the
applicant/State.
Shri Sanjay Bahirani, Counsel for the respondent.
Heard on the question of admission. This application under Section 378(3) of Cr.P.C. has been filed against the order dated 31-7-2013 passed by VIIth Additional Sessions Judge, Gwalior in Criminal Appeal No. 193/2013 by which the order dated 23-2-2013 passed by Collector in case No. 143/11-12/B-121 confiscating 800 Liters of Blue Kerosene Oil was set aside.
The present application for grant of leave to appeal has been filed under Section 378(3) of Cr.P.C.
Section 378(3) of Cr.P.C. reads as under :
378. Appeal in case of acquittal.-- (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),--
(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any 2 MCRC 9675/2013 Central Act other than this Code, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal--
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub- section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) 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, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If in any case, the application under sub- section (4) 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 sub-section (1) or under sub-section (2).
Thus, from the plain reading of Section 378 of Cr.P.C., it is clear that the appeal against acquittal would lie under Section 378 of Cr.P.C., whereas in the present case, the order of confiscation of 800 liters of Blue Kerosene Oil was passed which was set aside the Appellate Court while 3 MCRC 9675/2013 exercising powers of Appellate Court under Section 6-C of Essential Commodities Act. Thus, in the considered opinion of this Court, further appeal would not lie to this Court and Section 378 of Cr.P.C. would not apply to the facts of the case.
Accordingly, this application filed under Section 378 of Cr.P.C. seeking leave to appeal fails and is dismissed as not maintainable.
(G.S. Ahluwalia) Judge