Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cr.P.c ss. 372 proviso and 378 Appeal against acquittal |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973: ss. 372 proviso and 378 – Appeal against acquittal – Right of victim to file the appeal against the acquittal of accused without seeking leave to appeal – Held: Victim has a right to file the appeal and no leave has to be sought in such a situation – Appeal has to be dealt as a regular appeal – It is different from the appeal filed by the State seeking leave to appeal – Appeal filed by the victim ought not to have been dismissed at the threshold only on the ground that no leave was granted to the State to appeal against the order of acquittal. Mallikarjun Kodagalli (D) through legal representatives v. State of Karnataka & Ors. (2019) 2 SCC 752 – relied on. |
Judge | N/A |
Neutral Citation | 2019 INSC 725 |
Petitioner | Naval Kishore Mishra |
Respondent | State Of U.p. & Ors. |
SCR | [2019] 9 S.C.R. 249 |
Judgement Date | 2019-07-05 |
Case Number | 979 |
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