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Showing contexts for: composite application in State Of Maharashtra vs Deepchand Khushalchand Jain And Others on 22 November, 1982Matching Fragments
22. It will not be out of place to briefly refer to a judgment of the Supreme Court in State of Rajasthan v. Ramdeen, . The question that was being decided by the Supreme Court was slightly different from the one which I have examined. There the question was whether an appeal by the State against an order of acquittal can be filed only after obtaining leave under sub-section (3) of S. 378. It was held that under the law it would be perfectly in order if a composite application was made giving the necessary facts and circumstances of the case along with the grounds which may be urged in the appeal with a prayer for leave to entertain the appeal. It was not necessary as a matter of law that an application for leave to entertain the appeal should be lodged first and that only after the grant of leave by the High Court an appeal should be preferred against an order of acquittal. Thereafter the Supreme Court noticed that the period of limitation provided by Limitation Act. 1963 in its Article 114 for an appeal by the State against an order of acquittal was ninety days from the date of the order appealed from. In paragraph 9 of the judgment the position of the State appeal and the appeal by the private complainant has been discussed. I cannot thus overlook the fact that the Supreme Court has in one case taken the view that under Art. 114 of the Limitation Act an appeal from an order of acquittal by the State can be filed within ninety days from the order appealed from.