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B. V. NAGARATHNA, K. V. VISWANATHAN
Khem Singh (D) Through Lrs – Appellant
Versus
State Of Uttaranchal (Now State Of Uttarakhand) & Another Etc. – Respondent
| Table of Content |
|---|
| 1. basics of the criminal charges and background. (Para 1 , 2) |
| 2. arguments regarding substitution and legal standing. (Para 3) |
| 3. court's view on the need for thoroughness in judgment. (Para 4 , 5) |
| 4. considerations on the definition and rights of victims. (Para 6) |
| 5. analysis of crpc about appeals and rights of victims. (Para 7) |
| 6. distinction between appeals by victims and complainants. (Para 8 , 9) |
| 7. judicial dicta insights on locus standi and appeals. (Para 10) |
| 8. continuation of appeals by legal heirs. (Para 11) |
| 9. final directives for remand and continued proceedings. (Para 12 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
Being aggrieved by the common judgment dated 12.09.2012 passed in Criminal Appeal Nos.254 of 2004, 258 of 2004, 259 of 2004 by the High Court of Uttarakhand at Nainital, the original appellant Khem Singh S/o Tarachand preferred these Special Leave Petitions before this Court. By order dated 06.07.2017, leave was granted by this Court and consequently, the Special Leave Petitions have been converted to these Criminal Appeals.
2. For ease of reference, the private respondents herein, namely,
2.1 Briefly stated, the facts of the case according to the prosecution a
(1) Appeal against acquittal – Victim of an offence has right to prefer appeal under proviso to Section 372 of Cr.P.C., irrespective of whether he is a complainant or not – Even if victim of an offen....
Point of Law : It is a settled law that the right to file an appeal is a statutory right and it can be circumscribed by condition / conditions of the statute granting it.
Victims have the statutory right to appeal acquittals under Section 372 of the CrPC, ensuring access to justice irrespective of complainant status, broadening the definition of 'victim' to encompass ....
A complainant under Section 138 of the NI Act is deemed a victim with the right to appeal under Section 372 of Cr.P.C. without needing special leave, and the application of this ruling is specified t....
A complainant under Section 138 is deemed a victim and thus entitled to appeal against acquittal under Section 372 without seeking special leave, reflecting judicial interpretation and setting clear ....
A complainant as a victim under Section 138 of the Negotiable Instruments Act has the right to appeal against acquittal without prior leave from the court.
Victims in private complaints have the right to appeal against acquittals without seeking leave from the court under relevant legal provisions.
The appeal rights of victims and complainants are distinct; complainants must seek special leave under Section 378(4) while victims can appeal under Section 372 under specified conditions.
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