Section 372 of The Code of Criminal Procedure, 1973 II

Posted on by Rudrajyoti Nath Ray

Mallikarjun Kodagali v. State of Karnataka, (2019) 2 SCC 752 observed, victim is not to pray for grant of special leave to appeal, as victim has a statutory right of appeal and proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like Sub-Section (4) of Section 378.

Right provided to victim to prefer an appeal against order of acquittal is an absolute right. High Court to decide in accordance with law. Same would be in interests of all.

– Hon’ble Justice M.R. Shah, Joseph Stephen v. Santhanasamy, [Criminal Appeal Nos. 90-93 of 2022].

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Also see, Jagjeet Singh v. Ashish Mishra, [Criminal Appeal No. 632 of 2022] decided on 18.04.2022.

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