An informant has no right to file a criminal appeal based on a police report unless the same is preferred by the State.

Aftab H. Saikia, J.

1. Heard Mr. P. Sharma, learned Counsel appearing for the applicant as well as Mr. U. Bhuyan, learned Counsel for the respondents.

2. This is an application filed under Section 378(4), Cr. P.C. seeking grant of special leave to appeal from the Judgment and order dated 24-8-2006 passed by the learned Additional Session Judge. Fast Track Court, Sonitpur, Tezpur in Sessions Case No. 164/ 04 acquitting all the 10 respondents from the charges levelled under Sections 147/ 148/149/302, IPC.

3. On close perusal of the impugned judgment as well as the materials made available in this application, it appears that the Sessions case arose out of filing of an FIR with the Officer-in-Charge of Borghat outpost on 18-4-2003. On the basis of the said FIR, the police registered a case being Tezpur P.S. Case No. 658/2003 corresponding to G.R. Case No. 1323/2003 and accordingly the investigation ensued.

4. That being the position, it does indicate that prima facie on the face of the record this criminal case has been instituted on the basis of a police report. Accordingly the related criminal appeal against acquittal in the criminal proceeding admittedly based on police report for filing of which this application for special leave is presented is not maintainable,

5. It is settled law that an informant has no right to file a criminal appeal based on police report unless the same is preferred by the State. A Division Bench of this Court in Niranjan Kumar Das v. Ranadhir Roy reported in while dealing with exactly the same issue involved in this application held that the informant had no right of appeal against acquittal order of the accused charged on the basis of a police report. In paragraph 5 it was held as under:

5. First of all we are taking up for consideration the question whether an informant entitled to file an appeal from an order of acquittal. So far as appeal against acquittal is concerned Section 378, Cr. P.C. lays down the law. Under Section 378(1), Cr. P.C. as otherwise provided in Sub-section (2) and subject to the provision of Sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision. Section 378(4), Cr. P.C. provides that if an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. Therefore, under Section 378, Cr. P.C. the right to entertain an appeal against the acquittal is conferred on the High Court and that an informant has no right of appeal against an order of acquittal in a case instituted upon a police report.

6. Be it noted herein that the impugned judgment and order passed by the learned Sessions Judge is not arising out of any complaint case.

7. Having regard to the settled law in terms of the decision rendered in Niranjan Kumar Das's case (supra) and, upon hearing learned Counsel for the parties as well as on thorough scrutiny of the materials available on record, we are of the firm view that the appeal itself being filed by the informant is not maintainable.

8. Consequently we are disinclined to grant any special leave as sought in this application under Section 378(4), Cr. P.C.

In the result, this miscellaneous application falls and stands dismissed.