View Appeal against order of acquittal_20.docx from LAW 101 at KSLUs Law School. Appeal against order of acquittal (Section 378 of CrPc) Legal provisions regarding appeal against order of acquittal

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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 Government […] 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, 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 Section 372 CrPC without obtaining the leave 2020-05-16 2018-10-12 View Appeal against order of acquittal_20.docx from LAW 101 at KSLUs Law School. Appeal against order of acquittal (Section 378 of CrPc) Legal provisions regarding appeal against order of acquittal No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a … 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), the State Gover Bombay High Court has held that a complainant in a cheque bounce case cannot avail the benefit of proviso to Section-372 CrPC and he has to file appeal against acquittal before the High Court.

Statutory appeal against acquittal. The Code of Criminal Procedure 1973 (CrPC)[1] (subject to any applicable special or local law) prescribes who may present an appeal against an acquittal before Legal provisions regarding appeal against order of acquittal under section 378 of the Code of Criminal Procedure, 1973. Section 378 of the Code of Criminal Procedure contains the following provisions relating 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); ADVERTISEMENTS: […] CrPC Chapter XXIX; S. 378 : Appeal in case of acquittal: If, in any case, the application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under Sub-Section (1) or under Sub-Section (2). By Raman Devgan Updated: 15 Aug 2018 .

The trial court acquitted the accused of offences punishable under Section 302 IPC (murder). Mother of victim sought leave under Section 378(3) of CrPC to appeal

A bench of Justice Deshmukh and Justice Ganediwala has passed the order in the case titled as Kushal Kawaduji Singanjude vs Ramnarayan Durgaprasad 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.” 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 , 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

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. Read Judgment

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.

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.
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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. It, therefore, set aside the order of the High Court and allowed the appeal back to the HC to be considered on merits.

In a recent case, The Madras High Court has held that the appeal against the acquittal of the accused in a cheque bounce case can be filed only before the High Court under Section 378 (4) of the Code of Criminal Procedure, 1973.
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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),

it is reproduced as under:- 417. Appeal in case of acquittal. “(1) Subject to the provision of sub-section (4), the Provincial Government Oct 1, 2013 a proviso was added to section 372 Cr.P.C allowing a victim to prefer an appeal against acquittal in the same court where appeal against. Jul 24, 2013 a time limit of 60 days for filing appeal by a victim against acquittal of by making provision under Section 372 of the Cr.P.C.