2026 Supreme(Online)(Ker) 25315

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
OMANA APPU – Appellant
Versus
SMT.IYSHAMANI – Respondent
CRL.L.P. NO. 474 OF 2023 | C.C. NO.3 OF 2016

Leave petitions under Section 378(4) CrPC to be returned post-Bharatiya Nagarik Suraksha Sanhita, 2023, for direct appeal to Sessions Court.

Headnote:The complainant filed a criminal leave petition under Section 378(4) CrPC seeking leave to appeal against the acquittal judgment in C.C. No.03/2016 dated 27.09.2019 by the Judicial First Class Magistrate Court, Tripunithura. The court relied on Supreme Court judgment in Celestium Financial v. A.Gnanasekaran [2025 (4) KHC 189] and this court's decision in Soumya Gopal v. State of Kerala [2026 KHC OnLine 24], holding that such petitions must be returned due to the proviso to Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023. The petition was returned with liberty to file appeal before the Sessions Court. The sole issue was whether leave to appeal under Section 378(4) CrPC remains maintainable post-Bharatiya Nagarik Suraksha Sanhita, 2023. The ratio decidendi, following binding precedents, is that leave petitions filed under the repealed CrPC provision are to be returned, enabling direct appeal under the new Sanhita. The leave petition was returned with liberty to file appeal before the Sessions Court, excluding pendency period from limitation, granting three weeks' time.