..., (2019) 2 SCC 752, an ongoing debate whether the right of the victim to file an appeal against acquittal in a complaint case would fall under Section 372 or...right to prefer an appeal, inter alia, against an order of acquittal in terms of the proviso to Section 372...the amount involved is Rs.5,80,000/-. A bare perusal of the proviso to Section 372 of the Cr.P.C. indicates that the victim of the crime has a right to prefer an appeal against the acquittal or conviction of the accused for lesser offence notwithstanding the pre-existing right of a complainant to prefer an appeal against acquittal under Section 378(4) of the Cr.P.C. Thus, the language used in the proviso to Section 372 of...

...that no one had appeared to prosecute this criminal appeal against acquittal under the proviso to section 372 of the Cr.P.C. since its filing. Thus, no one had appeared on...behalf of the appellant on 07.09.2015,19.10.2015 and 16.12.2015 either. This criminal appeal against acquittal under the proviso to section 372 of the Cr.P.C...to first seek leave of this court to file an appeal against acquittal by filing an application under sub section (3) of Section 378 read with section 372 of the Cr.P.C...

...an artificial and unnecessary distinction between a victim as a victim and a victim as a complainant in respect of filing an appeal against an order of acquittal. The proviso to Section 372 CrPC does...judgment of acquittal was delivered on 30-9-2010. The High Court held that the appeal against acquittal filed by the victim was maintainable. It was held that if the interpretation given to the proviso to Section 372 CrPC...existing statute including the fetter imposed on the State in filing an appeal against an order of acquittal. However, that fetter was not placed on the right to appeal given to a victim under the proviso to Section 372 CrPC...

...shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. It is submitted that therefore once the victim has a statutory right of appeal against the order of acquittal under Section 372, Cr.P.C...372 Cr.P.C. It is therefore submitted that even otherwise the victims could have preferred the appeal before the High Court against the order of acquittal. It is submitted that merely because...of acquittal and convicting the accused by converting the finding of acquittal into one of conviction?;ii) In a case where the victim has a right of appeal against the order of acquittal, now as provided under Section 372 Cr.P.C...

...decision of the Supreme Court of India even for preferring an appeal against acquittal under section 372 of Code of Criminal Procedure, 1973 an order is required to be...Prakash D. Naik, J.:— The Applicant has preferred Criminal Revision Application against the judgement and order of acquittal on 1.3.2014 passed by the Additional Sessions Judge Pune in...Criminal Appeal No. 428 of 2010. The respondent-accused were convicted by the trial Court in Regular Criminal Case No. 58 of 2004 vide judgement and order dated 7.9.2010. Against the said judgement and...

.... By order dated 04.08.2015 learned counsel for the appellant was granted time to move appropriate application for converting this criminal appeal against acquittal under proviso to Section 372 of...application for special leave to appeal under Section 378(iv) of the Code of Criminal Procedure, which can not be entertained in this criminal appeal against acquittal. In aforesaid situation, learned counsel for the appellant prays for withdrawal of this appeal under proviso to Section 372 of...appeal under proviso to Section 372 of the Code of Criminal Procedure against appeal is dismissed with liberty as prayed. As prayed, let certified copy of...

...under Section 408 IPC. The petitioner herein preferred an appeal against the acquittal before the Court of Session, Thalassery, under the proviso to Section 372 Cr.P.C as Crl...504]. In the said decision, this Court has made it very clear that the complainant in a complaint case cannot file appeal against acquittal under proviso to Section 372 Cr.P.C...The right of a victim to file appeal against acquittal under the proviso to Section 372 Cr.P.C is not affected in any manner by the decision in Omana Jose's case (cited...

...instant appeals is, whether an appeal would be maintainable under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (for short, "CrPC") against an order of acquittal passed in a case...variety of rights. Access to mechanisms of justice and redress through formal procedures as provided for in national legislation, must include the right to file an appeal against an order of acquittal in a case such as the one that we are presently concerned with. Considered in this light, there is no doubt that the proviso to Section 372 CrPC..., the question, whether the victim, while filing an appeal against the acquittal of an accused under proviso to Section 372 of the CrPC in the High Court, is required to obtain leave under Section 378...

...proceedings is with regard to the maintainability of an appeal against an order of acquittal passed in a complaint case and, more particularly, as to whether such an appeal can be entertained under the proviso to Section 372 of...Section 372 Cr.P.C. The said proviso confers a substantive right of appeal upon a "victim", as defined under Section 2(wa) Cr.P.C., against an order of acquittal, conviction for a lesser offence or...cheque. It has further been held that such a complainant is entitled to maintain an appeal against acquittal under the proviso to Section 372 Cr.P.C. and that there...

...the said appeal against the judgment and order of acquittal is filed by the victim as defined in Section 2(wa) CrPC.For the reasons as stated above, this Court is of the view that even though the right to appeal for the victim has been created by the proviso to Section 372 CrPC...stated that these developments led to the constitution of Malimath Committee which recommended that the victims should have the right to file appeal against acquittal and that is how the proviso to Section 372 came...of appeals against conviction. Section 374 shows that some appeals against conviction lie before the Sessions Court. Therefore, some appeals of the victim against acquittal would lie before the Sessions Court. In respect of such appeals there is no question of obtaining leave. This creates serious anomaly.(3) The proviso to Section 372 deals with the rights of the victim to file an appeal against...

.../2024 1. By order dated 09.04.2024 passed in Criminal Appeal No.24/2024, learned Sessions Judge, Hanumangarh refused to entertain the appeal against acquittal on the ground that against the judgment of acquittal, only leave to appeal before the High Court would be maintainable. 2. In Malikarjun Kodagali Vs. State of Karnataka & Ors. reported in (2019) 2 SCC 752, the Hon'ble Supreme court examined the provisions of Section 372 CrPC...that the victim has right to appeal against the judgment of acquittal in view of proviso to Section 372 CrPC. This right is substantive right. The Proviso to...Section 372 CrPC is also very clear that the victim has right to appeal against any judgment of acquittal. Hence, the aforesaid order dated 09.04.2024 passed by the 1...

...appellant, being father of the deceased, has locus standi to file an appeal before the High Court against the order of acquittal under the proviso to Section 372 without seeking the leave of the High Court...Court as provided under sub-section (3) to Section 378 CrPC to maintain the appeal before it as it is his statutory right to prefer an appeal against the order of acquittal of all accused persons in view of the proviso to Section 372 CrPC...the court to which an appeal ordinarily lies against the order of conviction of such court.”The said amendment to the provision of Section 372 CrPC was...

...offence would have the right to prefer an appeal, inter alia, against an order of acquittal in terms of the proviso to Section 372 without seeking any special leave to appeal from the High Court only on... 1 to Section 372 of the Code of Criminal Procedure, 1973 against an order of acquittal passed in a case instituted...complaint filed by the victim/appellant. 3. The question before this Court is whether instant appeal is covered under proviso to section 413 of BNSS (372 of Cr.P.C...

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...party no.1. By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of the impugned order dated 01.04.2015 whereby the appeal against acquittal has been admitted and notice has been issued to the accused persons. Learned counsel for the applicant submits that the appeal against the acquittal is provided under Section 372 Cr.P.C...section has wrongly been mentioned in the memo of appeal as well as in the impugned order dated 01.04.2015. in these circumstance, the impugned order is bad in law and is liable to be set aside.... Learned A.G.A. has, however, submitted that the appeal can not be dismissed on the mere ground that section has wrongly been mentioned. It is only a irregularity which can be corrected at any stage...

...in Case No.371/2013. 3. The victim has approached this Court under Section 378(4) CrPC for leave to file an appeal against judgment of acquittal. The victim has substantive right to file appeal against acquittal as per proviso to Section 372 CrPC... 1. Learned counsel for the appellant submits that this is victim's appeal against judgment of acquittal. 2. This matter arises out of judgment dated 13.07.2023 passed... HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2321/2023 Kamlesh Pokharna S/o...

...arises out of judgment dated 13.07.2023 passed in Case No.140/2014. 3. The victim has approached this Court under Section 378(4) CrPC for leave to file an appeal against judgment of acquittal. The victim has substantive right to file appeal against acquittal as per proviso to Section 372 CrPC... 10/09/2024 1. Learned counsel for the appellant submits that this is victim's appeal against judgment of acquittal. 2. This matter...forum for or against. Therefore, this appeal is permitted to be withdrawn with liberty to file appeal before the District Judge concerned. 5. In the circumstance, prayer for...

...25.04.2019 passed in Regular Criminal Case No.2018/2018. 3. The victim has approached this Court under Section 378(4) CrPC for leave to file an appeal against judgment of acquittal. The victim has substantive right to file appeal against acquittal as per proviso to Section 372 CrPC.../09/2024 1. Learned counsel for the appellant submits that this is victim's appeal against judgment of acquittal. 2. This matter arises out of judgment dated.../2023] the event of any order passed by the regular appellate forum for or against. Therefore, this appeal is permitted to be withdrawn with liberty to file appeal before the District Judge concerned...

...Case No.139/2014. 3. The victim has approached this Court under Section 378(4) CrPC for leave to file an appeal against judgment of acquittal. The victim has substantive right to file appeal against acquittal as per proviso to Section 372 CrPC... 1. Learned counsel for the appellant submits that this is victim's appeal against judgment of acquittal. 2. This matter arises out of judgment dated 13.07.2023 passed in...already been granted by a coordinate Bench of this Court, however, the parties would loose a forum in the event of any order passed by the regular appellate forum for or against. Therefore, this appeal...

...378(4) CrPC for leave to file an appeal against judgment of acquittal. The victim has substantive right to file appeal against acquittal as per proviso to Section 372 CrPC, which was considered by a... HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 10/09/2024 1. Learned counsel for the appellant submits that this is victim's appeal against...appellate forum for 1 or against. Therefore, this appeal is permitted to be withdrawn with liberty to file appeal before the...