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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Gopala Krishnan, S/o Madhavan chetty – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. legal limitations on multiple appeals. (Para 1 , 2 , 12) |
| 2. rights of victims and statutory provisions for appeal. (Para 4 , 5 , 7) |
| 3. interpretation of appeal rights under bnss. (Para 8 , 10 , 11) |
ORDER :
BECHU KURIAN THOMAS, J.
A defacto complainant is before this Court, seeking leave to prefer another appeal against the judgment of a Sessions Court rendered in an appeal filed by him, challenging the acquittal of accused by the trial court. The Registry of this Court noted a defect that the petitioner had already preferred an appeal before the Sessions Court against the judgment of acquittal of the trial court and hence a second criminal appeal by the same appellant is not maintainable. Petitioner questioned the correctness of the said defect, and hence the matter was placed before this Court, for consideration.
2. This criminal leave petition has been filed by the defacto complainant in C.C. No.678 of 2017 on the files of the Judicial First Class Magistrates Court, Sulthan Bathery under section 419(4) of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short 'the BNSS '), seeking leave to prefer an appeal against the concurrent findings of acquittal of the accused
An appellant cannot make successive appeals against acquittals, confirming that the right to appeal is limited to one occasion per party under relevant statutes.
Appeal against acquittal – After filing appeal under Section 413 of BNSS (or under corresponding proviso of Cr.P.C.) before Sessions Court, another appeal cannot be preferred by same appellant under ....
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 ....
Victims in private complaints have the right to appeal against acquittals without seeking leave from the court under relevant legal provisions.
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 as a victim under Section 138 of the Negotiable Instruments Act has the right to appeal against acquittal without prior leave from the court.
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