Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s. 372 proviso -Appeal against acquittal- Victim or his relative, whether has cstatutory right to prefer an appeal to the High Court againstthe acquittal under proviso to s. 372 without obtaining theleave of the High Court as required under sub-section (3) tos. 378 - Held: Right of questioning the correctness of theacquittal order by preferring an appeal to the High Court is conferred upon the victim including the legal heir and others,as defined u/s. 2(wa), under proviso to s. 372- However, it isof)/y after obtaining the leave of the High Court as requiredunder sub-section (3) to s. 378 - On facts, High Court in amechanical way dismissed the appeal by passing a cryptic order without examining as to whether the leave to file anappeal filed by the appellant as provided under sub-section(3) to s. 378 can be granted or not - High Court failed toexercise its appellate jurisdiction properly in the appeal filedby the appellant against the acquittal order - Thus, order passed by the High Court set aside. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 737 |
Petitioner | Satyapal Singh |
Respondent | State Of M.p. And Ors. |
SCR | [2015] 11 S.C.R. 439 |
Judgement Date | 2015-10-06 |
Case Number | 1315 |
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