Appeal against acquittal.—An appeal from acquittal is usually not recognized. Section 378, however, permits the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence and the State

Section 378: Appeal in case of acquittal (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— ( a ) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a

A Supreme Court bench consisting of Justice Kishan Kaul and Justice KM Joseph passed an order against the Allahabad High Court, where it was stated that a victim has the right to appeal against any order of acquittal of the accused under Section 372 of the Code of Legal provisions regarding arrest of accused in appeal from acquittal under section 390 of the Code of Criminal Procedure, 1973. As per Section 390 of the Code of Criminal Procedure, when an appeal is presented under Section 378 of the Code, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is The appeal by the complainant in S.Ganapathi was held against an order of acquittal is maintainable before the sessions court which invoked the proviso to Section 372 of the Criminal Procedure Code.A single bench challenging this view referred to a larger bench with the issue of whether the remedy lies as against the order of acquittal passed by a Magistrate on a complaint which may be under State of Madhya Pradesh, (2015) 15 SCC 613, while preferring appeal under 378(3) of CrPC. He contended, “even though the victim has a right to prefer an appeal against the order of acquittal u/s 372 CrPC but same can be filed only after obtaining leave of the Court as required under sub-section 3 of Section 378 CrPC.” 2018-08-10 2016-03-20 Notably, Section 372 of the CrPC has been amended by Parliament on December 30, 2009, stating that the victim shall have a right to prefer an appeal against any order passed by the court Obviously, the appeal lies against the acquittal of the accused for a higher offence” “Before the amendment to CrPC section 372, the remedy of appeal was provided under CrPC section 378 and the same could be filed on a police report only at the instance of district Magistrate or state government. 2019-10-07 The Madras High Court has recently held that the appeal against acquittal of the accused in a cheque bounce case can only be filed before the High Court under Section 378(4) of Cr.PC.. Holding that the decision of another full bench in S.Ganapathy V. N.Senthilvel ((2016) 4 CTC 119) is ‘per incuriam’. Therefore, I am of the view that when the victim files an appeal against acquittal in the High Court he has to seek leave to appeal under Section 378(3) CrPC.”, Justice Gupta said.

Appeal against acquittal crpc

In this case, the Supreme Court had ruled that there is no need for a victim to apply for leave to appeal against an order of acquittal while preferring an appeal under proviso to Section 372 CrPC. It, therefore, set aside the order of the High Court and allowed the appeal back to the HC to be considered on merits. No application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. Section 378: Appeal in case of acquittal (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— ( a ) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a Appeal against acquittal in cheque bounce cases can be filed only before High Court U/s 378(4) CrPC: Madras HC by Muskan May 28, 2020 written by Muskan May 28, 2020 The Supreme Court has reaffirmed that a victim of a crime has the right to appeal under the Proviso to Section 372 of Code of Criminal Procedure (CrPC) against the acquittal of the accused. Such an appeal has to be treated like a regular appeal and no leave has to be sought in such a situation. In this case, the Supreme Court had ruled that there is no need for a victim to apply for leave to appeal against an order of acquittal while preferring an appeal under proviso to Section 372 CrPC.

After the amendment in section 372 CrPC, a victim also has the right to file such an appeal.

Oct 28, 2019 CrPC 372: Section 372 of the Criminal Procedure CodeNo appeal to lie of acquittal Section 379 – Appeal against conviction by High Court in

Such a course is opposed to law, public policy and is unwarranted by rules and practice of Court. Application for withdrawal of appeal dismissed.

CrPC Chapter XXIX; S. 378 Appeal in case of acquittal: Description; Save as otherwise provided in Sub-Section (2) and subject to the provisions of Sub-Sections (3) and (5),

However, the 154 th Law Commission Report attributed an entire chapter to victimology and suggested the establishment of a victim compensation scheme. As against an order of acquittal passed by a Magistrate on a complaint, an appeal will lie only before the High Court, under Section 378 victim to prefer an appeal against a judgment of acquittal etc. After the Amendment Act of 2008, the proviso to Section 372 CrPC has been incorporated giving the victim a right to prefer an appeal against an order of acquittal or conviction for a lesser offence or imposing inadequate sentence. The Public Prosecutor may appeal against the acquittal of an accused or the sentence imposed or any other order of the General Division (section 374(3) of the CPC). Criminal Appeals are held in open court and may be attended by members of the public. Meaning thereby, the appeal shall lie from any judgment as provided for by CrPC and, in view thereof, the Supreme Court, while considering the question regarding leave to file appeal as contemplated under sub-section (3) of Section 378 of CrPC, held that even for a victim to maintain appeal against the order of acquittal, he requires to take leave of the High Court to file appeal against the 18 November 2010 (b) Code of Criminal Procedure 1973 – Sections 378, Sub-sections (4) of section 378 CrPC, which providesfor appeal in case of acquittal, as it stands today, read thus:“(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants specialleave to appeal from the Notably, Section 372 of the CrPC has been amended by Parliament on December 30, 2009, stating that the victim shall have a right to prefer an appeal against any order passed by the court The Code of Criminal Procedure, 1973 (CrPc) 378. Appeal in case of acquittal.

No appeal in petty cases; CrPC Section 377.
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A bench of Justice Deshmukh and Justice Ganediwala has passed the order in the case titled as Kushal Kawaduji Singanjude vs Ramnarayan Durgaprasad Agrawal on 23.08.2019. 2015-08-08 2020-06-30 2019-10-10 A victim has the right to appeal against acquittal under Section 372 CRPC, without any leave being sought, held the Supreme Court. A Supreme Court bench consisting of Justice Kishan Kaul and Justice KM Joseph passed an order against the Allahabad High Court, where it was stated that a victim has the right to appeal against any order of acquittal of the accused under Section 372 of the Code of Legal provisions regarding arrest of accused in appeal from acquittal under section 390 of the Code of Criminal Procedure, 1973.
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Holding that the decision of another full bench in S.Ganapathy V. N.Senthilvel ((2016) 4 CTC 119) is ‘per incuriam’. Therefore, I am of the view that when the victim files an appeal against acquittal in the High Court he has to seek leave to appeal under Section 378(3) CrPC.”, Justice Gupta said.

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The defendant or the state may appeal in criminal cases. History.—s. 281 (j) A ruling granting a motion for judgment of acquittal after a jury verdict. (k) An order

It may be divided into categories. i- Appeal against order of acquittal passed by high an acquittal) can be appealed to the court of appeals by a party dissatisfied with the The CPP contains a procedure known in France as the CRPC, which is an. May 29, 2020 A full Bench of the Madras High Court comprising Justice MM of CrPC and file an appeal against an order of acquittal in a Sessions Court. 2(A). Appeal against acquittal (Sec. 378 CrPC) : (i) U/s378(1)(a) CrPC, the District . Magistrate may direct the public prosecutor to file an appeal against acquittal.