Thursday, 27 December 2018

Whether victim is required to take leave to appeal while filing appeal against acquittal?

 As far as the question of the grant of special leave is concerned, once again, we need not be overwhelmed by submissions made at the Bar. The language of the proviso to Section 372 of the Code of Criminal Procedure is quite clear, particularly when it is contrasted with the language of Section 378(4) of the Code of Criminal Procedure The text of this provision is quite clear and it is confined to an order of acquittal passed in a case instituted upon a complaint. The word 'complaint' has been defined in Section 2(d) of the Code of Criminal Procedure and refers to any allegation made orally or in writing to a Magistrate. This has nothing to do with the lodging or the registration of an FIR, and therefore it is not at all necessary to consider the effect of a victim being the complainant as far as the proviso to Section 372 of the Code of Criminal Procedure is concerned.
IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1281-82 of 2018 (Arising out of S.L.P. (Crl.) Nos. 7040-7041 of 2014)

Decided On: 12.10.2018

Mallikarjun Kodagali  Vs. State of Karnataka and Ors.

Hon'ble Judges/Coram:
Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.

Citation:AIR 2018 SC 5206.
Read full judgment here: Click here
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