STATE OF RAJASTHAN versus RAMDEEN & OTHERS

STATE OF RAJASTHAN versus RAMDEEN & OTHERS

A composite application by the State under section 378 Cr.P.C. for leave to appeal, containing all requisites for a memorandum of appeal, is equivalent to a memorandum of appeal. Such application filed within the limitation period satisfies statutory requirements and should not be dismissed as time-barred by...

Source-derived case information.

Parties
Appellant: State of Rajasthan; Respondents: Ramdeen & Others
Jurisdiction
India
Judgment Date
04 March 1977
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Rajasthan High Court Judgment Dated 27 1 1975
Outcome
Appeal allowed
Legal Topics
Appeal Against Acquittal, Limitation for Appeals, Composite Application Under S.378 Cr PC
Criminal Law Appeal Against Acquittal Limitation for Appeals Composite Application Under S.378 Cr PC

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

State of Rajasthan

Appellant

Ramdeen & Others

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Rajasthan High Court Judgment Dated 27 1 1975

Legal Issues

  1. 1 Whether a composite application for leave to appeal and memorandum of appeal is permissible under section 378(1) and (3) Cr.P.C., 1973
  2. 2 Whether the time-bar applies when leave to appeal is delayed beyond ninety days post acquittal

Ratio Decidendi

A composite application by the State under section 378 Cr.P.C. for leave to appeal, containing all requisites for a memorandum of appeal, is equivalent to a memorandum of appeal. Such application filed within the limitation period satisfies statutory requirements and should not be dismissed as time-barred by insisting upon a subsequent memo of appeal after grant of leave.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Petition of appeal of June 27, 1974 restored to file and treated as memorandum of appeal under section 378(1) Cr.P.C.