Complaint-case acquittal challenges lie to the High Court through special leave, not the Sessions Court

In a complaint case, a complainant's challenge to an acquittal lies by seeking special leave to appeal before the High Court under Section 378(4) CrPC, as settled by the Supreme Court's binding clarification. The earlier view that the complainant could proceed as a victim under Section 372 CrPC does not prevail where that clarification governs. The discussion therefore confirms that the proper forum for leave to appeal against acquittal in a complaint case is the High Court, not the Sessions Court.

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Issues: Whether an acquittal in a complaint case could be challenged by filing an appeal in the Sessions Court under Section 372 of the Code of Criminal Procedure, 1973, or only by seeking special leave to appeal before the High Court under Section 378(4) of the Code of Criminal Procedure, 1973.

Analysis: The matter was governed by the authoritative pronouncement of the Supreme Court, which settled that in a complaint case a complainant can file an application for special leave to appeal against an order of acquittal only before the High Court. The Court also noted that the earlier view treating the complainant as a victim entitled to proceed under Section 372 could not prevail in the face of that binding clarification. The preliminary objection to the maintainability of the leave application before the High Court therefore lacked merit.

Conclusion: The objection to the maintainability of the application for leave to appeal before the High Court was rejected, and the complainant's recourse to the High Court under Section 378(4) was held to be competent.

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