Judgment

Koshal, J.-By this judgment we shall dispose of three appeals, viz., Criminal Appeals 10 and 11 of 1976 and Criminal Appeal 285 of 1977 in each one of which the question arising for determination by us is the same. The first of them is by special leave granted by this Court and the other two are by certificate granted by the High Court of Rajasthan against its three orders dated July 29, 1974, all holding that the Deputy Government Advocate of Rajasthan had no locus standi under the Code of Criminal Procedure (hereinafter referred to as the Code ) to prefer an application under Section 378 thereof for leave to appeal on behalf of the State against an order of acquittal recorded by a lower court in a murder case.

2. The relevant provisions of the Code are sub-section (1) of Section 378, sub-section (1) of Section 24 and clause (u) of Section 2. The same are reproduced below in that order :

378. (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), 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 acquittal passed by any court o