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Issues: Whether an appeal under Section 378(4) of the Code of Criminal Procedure, 1973 is maintainable against an order of acquittal passed by a court other than the High Court in exercise of appellate jurisdiction in an appeal under Section 374 of the Code of Criminal Procedure, 1973.
Analysis: The expression "such an order of acquittal" in Section 378(4) was construed in the light of Section 378(1)(b) and Section 378(2)(b), which refer to original or appellate orders of acquittal passed by a court other than the High Court. The distinction between appellate and revisional jurisdiction was also noted, and it was held that limiting Section 378(4) to acquittals in original jurisdiction alone would create an unwarranted distinction between complaints and police-report cases. The provision was therefore read as covering acquittals passed either at trial or in appeal.
Conclusion: The appeal under Section 378(4) is maintainable against an acquittal passed in appellate jurisdiction, and the question was answered in the affirmative.
Final Conclusion: The legal position on maintainability of a complainant's appeal was settled in favour of inclusion of appellate acquittals within the scope of Section 378(4), though the matter was directed to be placed before the Chief Justice for consideration by a Division Bench.
Ratio Decidendi: The words "such an order of acquittal" in Section 378(4) of the Code of Criminal Procedure, 1973 include an order of acquittal passed in exercise of appellate jurisdiction by a court other than the High Court.
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