Karnataka High Court Declares State’s Appeal ‘Non-Est’ Due to Jurisdictional Error”

In a landmark judgment delivered  by The Hon’ble Mr. Justice S. Rachaiyah, the Karnataka High Court addressed a critical jurisdictional issue, ultimately declaring the State’s appeal “non-est” due to a jurisdictional error in the case of ”State of Karnataka v. Malleshnaika.”

The case revolved around the acquittal of the respondent, Malleshnaika, who had faced charges under Sections 504, 324, 498A, and 506 of the Indian Penal Code (IPC). The State, dissatisfied with the acquittal, had filed an appeal under Section 372 of the Code of Criminal Procedure (Cr.P.C). However, the Hon’ble Court pointed out that the State’s appeal should have been filed under Section 378(1) and (3) of Cr.P.C, which is the appropriate provision for such cases.

Justice Rachaiyah’s observation emphasized the importance of adhering to proper legal procedures, stating that “the State cannot exercise the jurisdiction meant for the victim under Section 372 of Cr.P.C when a separate provision, Section 378(1) and (3) of Cr.P.C, distinctly confers rights to the State for filing an appeal against acquittal.”

Consequently, the High Court declared the appeal filed by the State as “non-est” in law. However, it reserved the liberty for the State to file a Criminal Appeal against the order of acquittal using the correct legal provision.

The judgment also commended the assistance rendered by the learned Amicus Curiae, Sri. Javeed S., and directed the Karnataka State Legal Services Authority to pay him a remuneration of Rs. 3,000 for his valuable contribution to the case.

This judgment serves as a notable reminder of the significance of precise legal procedures in the criminal justice system and their impact on the course of justice.

Date of Decision: 05 September  2023 

STATE OF KARNATAKA  Vs MALLESHNAIKA