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THE HIGH COURT OF KARNATAKA
S Rachaiah, J
Venkataswamy T. J – Appellant
Versus
S. Lokesh Murthy – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's acquittal order. (Para 1) |
| 2. victims' right to appeal under s. 372 crpc over s. 378(4). (Para 2 , 3 , 4) |
| 3. transfer of appeal to jurisdictional sessions court. (Para 5 , 6 , 7 , 8) |
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.
2. However, the Hon’ble Supreme Court in Celestium Financial Vs. A. Gnanasekaran Etc. 12025 SCC Online SC 1320, held in paragraph No.10 as under:
"10. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the Cr.PC."
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