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2026 Supreme(Online)(Ker) 25833
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
JITHIN UDAY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.L.P. NO. 554 OF 2023|CRIME NO.521/2016|CC NO.743 OF 2016
For the Appellants/Petitioners: SHRI.K.R.PRATHISH, SHRI.P.K.SREEVALSAKRISHNAN, SHRI.JOEL CHALAMANA, SMT.KRISHNA DAS, SRI.S.UNNIKRISHNAN (NELLAD)
For the Respondents: SRI. RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR
Victims' appeal against acquittal lies directly before Sessions Court under BNSS Section 413, not High Court leave petition under CrPC.
Headnote:First Paragraph: The relevant provisions are proviso to Section 372 CrPC and Section 413 BNSS, 2023, which permit victims to file appeals directly before the Sessions Court against acquittal judgments. Victims filed a criminal leave petition under Section 378(4) CrPC seeking leave to appeal an acquittal in a magistrate court case. The court found the leave petition not maintainable as direct appeal lies before Sessions Court under BNSS. Second Paragraph: The issue framed is whether victims can seek leave from High Court under CrPC or must approach Sessions Court under BNSS. The ratio decidendi is that post-BNSS enactment, appeals by victims against acquittal must be filed directly in Sessions Court per proviso to Section 413 BNSS, rendering High Court leave petition returnable. Third Paragraph: The leave petition is returned with liberty to file appeal before Sessions Court; pendency period excluded from limitation; three weeks granted to file.
| Table of Content |
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| 1. direct appeal to sessions court under bnss section 413. (Para 2) |
| 2. petition returned with liberty and limitation exclusion. (Para 3) |
ORDER
Dated this the 31st day of March, 2026 This criminal leave petition has been filed underSection 378(4) of theCode of Criminal Procedure, at the instance of the victims in C.C. No. 743/2016, on the files of the Judicial First Class Magistrate Court, Chittur, seeking leave of this Court to file appeal challenging the judgment of acquittal in the above case dated 01.10.2022.
2. In this case, as per proviso to Section 372 of the Code of Criminal Procedure and under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , (hereinafter referred to as ' BNSS , 2023', for short) an appeal is to be filed by a victim directly before the Sessions Court. Therefore, this leave petition required to be returned to the leave petitioners with liberty to file appeal before the Sessions Court concerned, with the aid of proviso to of the , 2023.
3. Hence, this leave petition is returned with liberty to file appeal before the Sessions Court concerned. It is made clear that the period of pendency of this Crl.L.P., from 11.10.2023 till date, shall be excluded from calculating the period of limitation for filing appeal before the Sessions Court concerned.
Three weeks' time from today is granted to the leave petitioners to file the appeal before the Sessions Court concerned.
