A.S. OKA, J.

1. We have heard the learned counsel appearing for the parties and the learned APP for the State on a very limited issue concerning the scope of hearing at the admission stage of an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C").

2. Earlier, there was a controversy whether an appeal by the victim under the proviso to Section 372 will be governed by Section 378 of Cr. P.C and whether it is necessary to obtain a leave to prefer such an appeal. Thus, the question was whether grant of leave in according with Section 378 of Cr. P.C was a condition precedent for entertaining an appeal under the proviso to Section 372. Now the said issue is laid to rest by a recent decision of the Apex Court of a Bench of three Hon'ble Judges in the case of Mallikarjun Kodagali Vs. State of Karnataka, 2018 SCC OnLine SC . The majority view is expressed by Hon'ble Mr. Justice Madan B. Lokur (as he then was) after considering the entire law on the subject. The said decision holds that under the proviso to Section 372 of Cr. P.C, an appeal against an Order of acquittal is available as a matter of right to the victim as defined and therefore, it is not necessary to seek a leave of the Court under Section 378 of Cr. P.C. The Apex Court held that the proviso to Section 372 must be given a realistic, liberal and progressive meaning which is beneficial to the victims of the offences. We, therefore, propose to direct the Registry to number this Application as a Criminal Appeal.

3. There cannot be any dispute that as far as the procedure is concerned, the Appeals whether against the Orders of acquittal or against the Orders of conviction are governed by Section 384 of Cr. P.C which reads thus:-

384. Summary dismissal of appeal.-

(1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:

Provided that -

(a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;

(c) no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.

4. On a plain reading of sub-section (1), Appellate Court possesses a powers to dismiss an appeal summarily. Sub-section (1) of 385 provides that if the Appellate Court does not dismiss an appeal summarily, it shall cause a notice of the time and place at which such appeal will be heard to the parties mentioned therein. In case of an appeal against acquittal, in view of Clause (i) of sub-section (1) of Section 385 of Cr. P.C, a notice will have to be issued to the accused. Going back to sub-section (1) of Section 384, there are three provisos to