Recently, The Allahabad HC stated that, when the complainant is herself/himself the victim, he/she cannot be relegated to avail the remedy as provided under Section 378(4) Cr.P.C. as the same is only confined to a complainant and not to the victim.
The bench of Justice Mohd. Faiz Alam Khan was dealing with the appeal filed by the victim, who is also the complainant, under Section 372 Cr.P.C. against the judgement of acquittal passed by the trial court in a complaint case.
High Court observed that on the last date also, the appellant was unrepresented, however, a preliminary objection was raised by learned A.G.A. that having regard to the provision of Section 378(4) Cr.P.C. an application for grant of leave to appeal is maintainable for the complainant, who has challenged the order of acquittal.
The bench noted that “when the complainant is herself/himself the victim, whether he/she can prefer an appeal under Section 372 Cr.P.C. and he/she cannot be relegated to avail the remedy as provided under Section 378(4) Cr.P.C. as the same is only confined to a complainant and not to the victim.”
In view of the above, the bench found that the issue requires in-depth deliberations and listed the matter on 11.08.2022.
Section 372 in The Code Of Criminal Procedure, 1973
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“No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or any other law for the time being in force.”
Section 378(4) in The Code Of Criminal Procedure, 1973
“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 special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.”
Case Title: Hema Devi v. State Of U.P. And Ors.
Bench: Justice Mohd. Faiz Alam Khan
Citation: CRIMINAL APPEAL No. – 1273 of 2010