Naval Kishore Mishra vs State of U.P. & Ors.

Court

Supreme Court of India

Date

5 July 2019

Case No.

Criminal Appeal No. 979 of 2019

Bench

Sanjay Kishan Kaul, K.M. Joseph

Citation

[2019] 9 S.C.R. 249 : 2019 INSC 725

Headnote

Code of Criminal Procedure, 1973: ss. 372 proviso and

378 – Appeal against acquittal – Right of victim to file the appeal against the acquittal of accused without seeking leave to appeal – Held: Victim has a right to file the appeal and no leave has to be sought in such a situation – Appeal has to be dealt as a regular appeal – It is different from the appeal filed by the State seeking leave to appeal – Appeal filed by the victim ought not to have been dismissed at the threshold only on the ground that no leave was granted to the State to appeal against the order of acquittal.

Mallikarjun Kodagalli (D) through legal

representatives v. State of Karnataka & Ors.

(2019) 2 SCC 752 – relied on.

The following Order of the Court was passed : ORDER 1. Leave granted. 2. We have heard learned counsel for the respondent-State and learned counsel for the appellant. The other respondents have been served but none has entered appearance. 3. The accused-respondents were put to trial in Sessions trial No.80 of 2014 titled State Vs. Brindavan & Ors. arising out of criminal case No.53 of 2014 under Sections 452, 302/34 of the Indian Penal Code. 4. The accused were acquitted by the trial Court in terms of the Judgment dated 19.12.2016. 5. The State aggrieved by the said order sought leave to

View Subscription Plans →