S. Ravindra Bhat, J.

1. This is a reference to a Full Bench in Crl. A. No. 1451/2012. The reference stems from issues arising out of the judgment of a Division Bench of this Court in Chattar Singh v. Subhash and Ors., 176 (2011) DLT 356, and concerns the locus standi of private parties to maintain appeals by virtue of the proviso to Section 372 of the Code of Criminal Procedure, 1973 (hereafter “Cr. PC”).

2. The relevant statutory provisions are excerpted for convenience. First, Section 2(wa) of the Cr. PC defines “victim” as:

"victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir.”

The second provision is Section 372 of the Cr.PC, which stipulates that:

“No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or any other law for the time being in force.”

The third statutory provision is the proviso to Section 372, Cr. PC, which was introduced in 2008, conferring upon victims, the right of appeal in these terms:

"Provided that the victim shall have a right to prefer an app