ORDER :

I.A.1/17

The instant application is filed under section 378(4) Cr.P.C. seeking leave to appeal.

2. Learned counsel for the appellant has relied on the proviso to section 372 of the Code to contend that the appellant being a victim has a right to file an appeal without leave. In support of his argument, learned counsel has referred to the decision in MALLIKARJUN KODAGALI(DEAD) REPRESENTED THROUGH LEGAL REPRESENTATIVES vs. STATE OF KARNATAKA AND OTHERS, reported in (2019) 2 SCC 752 and later decision of the Hon’ble Supreme Court in NAVAL KISHORE MISHRA vs. STATE OF U.P. AND ORS. in Crl.A.No.979/2019 dated 05.07.2019.

3. Law is now well settled that in terms of amendment carried on by insertion of proviso to section 372 of Cr.P.C. and the law laid down by the Hon’ble Supreme Court in Mallikarjun’s case referred above, there is no need for a victim to apply leave to appeal against an order of acquittal while preferring an appeal under the proviso to section 372 of the Code.

4. The contention of the learned counsel for respondent is that the applicant is not a ‘victim’ as defined under section 2(wa) of the code, rather he is an informant at whose instance, law was set in motion and c