IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

241 Date of decision: 12.12.2025 SATPAL ….Appellant Versus KARAN SINGH AND OTHERS ....Respondents CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Sushil Sheoran, Advocate for the appellant.

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RUPINDERJIT CHAHAL, J. (ORAL)

2. The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant?

3. The issue is no longer res integra.

“ 8. The right to prefer an appeal is no doubt a statutory right and the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution. If that is so, then the right of a victim of an offence to prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a complainant against an order of acquittal cannot be read into the proviso to Section 372 of the CrPC so as to restrict the right of a victim to fi