CiteTEXT
...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...
...somewhat limited: Whether a “victim” as defined in CrPC has a right of appeal in view of the proviso to Section 372 CrPC against an order of acquittal in a case where the alleged offence took place prior to...respect of filing an appeal against an order of acquittal. The proviso to Section 372 CrPC does not introduce or incorporate any such distinction.36. The next significant...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 is that the right to appeal accrued on the date...
...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 Sectio...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.
I...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...
...has a statutory right of appeal against the order of acquittal under Section 372, Cr.P.C., the revision application before the High Court shall not be entertained against the judgment and order of...against the order of acquittal as provided under Section 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...where the victim has a right of appeal against the order of acquittal, now as provided under Section 372 Cr.P.C and the victim has not availed such a remedy and has not preferred the appeal, whether...
...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. Considere...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(3) of the CrPC was answered in the...file an appeal against an order of acquittal which would require special leave to appeal being obtained, in the case of an appeal filed by a victim under proviso to Section 372 of the CrPC, no suc...
...court if 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 th...:‘Whether the appellant herein, being the father of the deceased, has statutory right to prefer an appeal to the High Court against the order of acquittal under the proviso to ...should have the right to file appeal against acquittal and that is how the proviso to Section 372 came to be inserted by the Amendment Act of 2008. He laid emphasis on the following portion from the...
.../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 ...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...
...) CrPC. It was contended by him that in the instant case, the appellant, being father of the deceased, has locus standi to file an appeal before the High Court against the order of acquittal under the...against the order of acquittal of all accused persons in view of the proviso to Section 372 CrPC.6. It was further urged by the learned counsel that the High Court ought to...upon the victim to prefer an appeal before the High Court against the acquittal order, or an order convicting the accused for the lesser offence or against the order imposing inadequate compensation...
...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 ha...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 ...
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...
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...
...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 cons...
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...
...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 ...
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...
...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 substa.../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...
...consideration of I.A.No.9959/2015 for conversion of this revision into the criminal appeal against the acquittal under the proviso of Section 372 of Cr.P.C. Having heard on...the aforesaid I.A., for the reasons stated in it, the same is allowed and the applicant is permitted to convert this revision into the appeal against the acquittal under the proviso of Section 372...Cr.P.C. Accordingly, this revision is disposed of with the direction to register the same as criminal appeal against the acquittal under the aforesaid proviso. Such...
...maintainable but an appeal against acquittal under proviso to Section 372 of the Cr.P.C would be maintainable.
Consequently, the office objection is sustained. This miscellaneous.... 13.10.2015, either.
This miscellaneous criminal case under Section 378(4) for special leave to appeal against acquittal has been filed challenging the judgment of acquittal dated...Subhash Chand Vs. State (Delhi Administration) (2013) 2 SCC 17, an application for special leave to appeal under Section 378(4) of the Cr.P.C would not be...
...against the acquittal of the respondents in a Criminal Case No. 152.II/09/09 recorded by the learned Judicial Magistrate Ist Class-I, Dharamshala, District Kangra, H.P The State has not filed their appeal...against the impugned judgment of acquittal.2. Heard.3. Proviso to Section 372 of the Code of Criminal Procedure provides that the “victim.... Therefore, the present appeal against the acquittal by the complainant in the High Court is not maintainable, as such, it is ordered to be returned to the complainant in accordance with the procedure...
...has preferred this present revision application against the acquittal of the accused/respondents. It is also indicated that against the impugned acquittal order dated 31.01.2023, Acquittal Appeal ...liberty to file Acquittal Appeal under Section 372 of CrPC.4. Permission is granted.5. In view of the above, the revision application is dismissed as withdra...Section 372 of the CrPC can be filed by the applicant.3. The learned counsel for the applicant seeks permission of this Court to withdraw this revision application with...