TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether an appeal against an order of acquittal in a case instituted upon complaint lies to the Sessions Court under Section 378(1)(a) of the Code of Criminal Procedure, 1973, or only to the High Court under Section 378(4) of that Code.
Analysis: Section 378(1)(a) was introduced by the 2005 amendment to enable an appeal to the Court of Session from an acquittal by a Magistrate in respect of a cognizable and non-bailable offence, while Section 378(1)(b) preserves the State Government's power to appeal to the High Court in other cases. Section 378(4) separately governs acquittals in cases instituted upon complaint and permits only the complainant, on obtaining special leave from the High Court, to present an appeal to the High Court. The structure of Section 378 shows that complaint cases form a distinct category and are not brought within the Sessions Court route under Section 378(1)(a).
Conclusion: An appeal against acquittal in a complaint case lies only to the High Court under Section 378(4), and not to the Sessions Court.
Ratio Decidendi: After the 2005 amendment, the Sessions Court appellate route under Section 378(1)(a) is confined to acquittals by Magistrates in cognizable and non-bailable offences on the police-report track, whereas acquittals in complaint cases remain exclusively appealable to the High Court under Section 378(4) by special leave.
TaxTMI 
