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Checking relevance for Mallikarjun Kodagali (Dead) represented through Legal Representatives VS State of Karnataka...
2018 0 Supreme(SC) 983 : Yes, special leave is required for a victim to prefer an appeal against an acquittal in a Sessions case before the High Court. The judgment in Satya Pal Singh v. State of M.P. and Others, (2015) 15 SCC 613, held that although the proviso to Section 372 CrPC grants the victim an independent statutory right to appeal, this right is subject to the requirement of obtaining leave of the High Court as mandated under Section 378(3) CrPC. The Court emphasized that the concept of ''''leave to appeal'''' is necessary to prevent the High Court from being flooded with appeals and to protect the presumption of innocence of the accused. The victim, like the complainant in a complaint case, must seek special leave to appeal under Section 378(4) CrPC, which requires the High Court''''s permission before the appeal can be entertained. This ensures consistency in the legal framework, as allowing victims to appeal without leave would create an anomalous situation where a victim who did not initiate the case could have a more favorable position than the complainant who did.Checking relevance for Celestium Financial VS A. Gnanasekaran Etc. ...
2025 5 Supreme 455 : Under the proviso to Section 372 of the CrPC, a victim of an offence has the right to prefer an appeal against an order of acquittal without requiring special leave. This right is independent of whether the victim is also a complainant, and the statutory requirements for filing an appeal by the State or a complainant (such as obtaining leave under Section 378(4)) do not apply to a victim''''s appeal under the proviso to Section 372. Therefore, special leave is not required for a victim to appeal against an acquittal in a sessions case before the High Court.Checking relevance for Roopendra Singh VS State of Tripura...
2017 3 Supreme 775 : Under Section 372 Cr.P.C., a victim has a substantive and independent right to prefer an appeal against acquittal. However, for appeals by the victim under Section 372 read with Section 378 Cr.P.C., leave of the High Court is required. The right conferred upon the victim is independent, but the requirement of leave under Section 378(3) applies when the appeal is filed under Section 372 read with Section 378. In cases where the appeal lies before the Sessions Court (as per Section 374), no leave is required. Therefore, special leave is required only when the appeal is filed before the High Court under Section 372 read with Section 378 Cr.P.C.Checking relevance for State of Maharashtra VS Shankar Ganapati Rahatol...
Checking relevance for Susanta Pal @ Naiti VS State of West Bengal...
2023 0 Supreme(Cal) 848 : Yes, special leave is required for a victim to prefer an appeal against an acquittal in a sessions case before the High Court. The court held that the complainant''''s right to appeal against acquittal lies under Section 378(4) Cr.P.C. only before the High Court with special leave, and the Sessions Court does not have jurisdiction to entertain such an appeal in a complaint case.Checking relevance for Tripesh Kumar Singh VS State of Bihar...
2025 0 Supreme(Pat) 211 : No, special leave is not required for a victim to prefer an appeal against acquittal in a sessions case before the High Court. The victim has an absolute statutory right to file an appeal under the Proviso to Section 372 Cr.P.C. without needing to obtain any Leave or Special Leave from the High Court. This right applies equally to victims in both police cases and complaint cases, and the Proviso to Section 372 Cr.P.C. does not stipulate any condition of obtaining special leave like Section 378(4) Cr.P.C. does for complainants in complaint cases.
