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MADHYA PRADESH HIGH COURT
N. M. Golvalker, J, Dixit, CJ, Pandey, J
Drugs Inspector – Appellant
Versus
M/s. Chimanlal and Co. – Respondent
| Table of Content |
|---|
| 1. reference to previous case law. (Para 1) |
| 2. fact background of the prosecution initiated by the drug inspector. (Para 2 , 21 , 22 , 23 , 24) |
| 3. interpretation of legal standing regarding appeals under s.417. (Para 3 , 4 , 7 , 8 , 10) |
| 4. interpretation of complainants’ rights under s.417(3) cr. p.c. (Para 14 , 16 , 18) |
| 5. conclusion on the acquittal of respondents. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 37 , 41) |
1. This case comes before us on a reference made by Newaskar and Sen, JJ. who found themselves unable to concur in the view expressed in the following observations made by another Division Bench of this court in State v. Daulatsingh , AIR 1957 Madh Pra 72.
"There are two answers to this contention. The present application for leave to appeal and the proposed appeal are by the State and not by the Forest Ranger, the complainant. Secondly, Sub-Section (3) of S.417, Criminal Procedure Code, confers the right of appeal to the complainant in a case instituted upon the complaint of a private person and not upon the complaint of a public servant or of a court. The prosecution on the complaint of a Court or of a public servant acting in the discharge of his official
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