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Revision against Acquittal by Complainant in a State Case : Some Aspects : Scope & Limits of Jurisdiction

By P. R. Thakur

Published In

Cri LJ 2000

In a State case, in case of acquittal, State has the right of appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), and the same is qualified by its sub-section (3) to the effect that no appeal under Section 378 of the Code shall be entertained except with the leave of the High Court. If there is an acquittal in any case instituted upon a complaint, complainant can make an application to the High Court under Section 378(4) and the High Court may grant special leave to appeal from order of acquittal and a complainant may present an appeal to the High Court. The question that arises is whether in a State case, consequent upon acquittal, a complainant has any right/remedy to prefer against such acquittal in case State decides not to file any appeal under Section 378 of the Code. There is no right of appeal against acquittal provided to a complainant under any provision of the Code, in a State case. The only remedy which ....

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