2013 (12) TMI 1656 - HC - Indian Laws

Appeal Dismissed as Not Maintainable Under Criminal Procedure Code

The High Court of Bombay found that the appeal filed by the original complainant, claiming to be a victim under Section 372 of the Code of Criminal ... - Issues involved: The maintainability of an appeal filed by the original complainant claiming to be a victim under the proviso to Section 372 of the Code of Criminal Procedure.Summary:The High Court of Bombay, in the case where the original accused was acquitted by the Judicial Magistrate, examined the appeal filed by the original complainant before the Court of Sessions. The Court found that the appeal filed by the complainant claiming to be a victim under the proviso to Section 372 of the Code was not maintainable. The Court highlighted that the complainant already had the right to file an appeal under Section 378(4) of the Code in case of acquittal, and therefore, could not file an appeal as a victim under Section 372. The Court declared the proceedings before the Court of Sessions as null and void, quashed the order of the Additional Sessions Judge allowing the appeal, and directed that the original complainant can file an appeal in accordance with Section 378(4) of the Code to challenge the order of acquittal passed by the Magistrate.In conclusion, the Revision Application was successful, and the order of the Additional Sessions Judge was quashed and set aside. The Court made it clear that the original complainant could still file an appeal under Section 378(4) of the Code to challenge the order of acquittal passed by the Magistrate.