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PETITIONER: THE STATE OF UTTAR PRADESH
Vs.
RESPONDENT: C. TOBIT AND OTHERS
DATE OF JUDGMENT: 14/02/1958
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA SARKAR, A.K. BOSE, VIVIAN
CITATION: 1958 AIR 414 1958 SCR 1275
ACT: Criminal Procedure-Petition of appeal-If must be accompanied by certified copy of judgment or order appealed against-Code of Criminal Procedure (Act V of 1898), s. 419.
HEADNOTE: The word ’Copy’ occurring in s. 419 Of the Code of Criminal Procedure means a certified copy and a petition of appeal filed under that section must, therefore, be accompanied by a certified copy of the judgment or order appealed against. Ram Lal v. Ghanasham Das, A.I.R. (1923) Lah. 150, referred to. Firm Chota Lal-Amba Parshad v. Firm Basdeo Mal-Hira Lal, A.I.R. (1926) Lah. 404, distinguished. Consequently, where a State Government filed an appeal against an order of acquittal under s. 417 of the Code of Criminal Procedure with a plain copy of the judgment appealed against and put in a certified copy of it after the period of limitation prescribed for the appeal had expired and the High Court dismissed the appeal as time-barred, that order was correct and must be affirmed.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 128 of 1955. Appeal from the judgment and order dated February 8, 1955, of the Allahabad High...