AIR 2013 SUPREME COURT 395 ::2013 AIR SCW 356 ::(2013) 1 CriLR(Raj) 1 ::(2013) 1 MadLW(Cri) 692 ::(2013) 2 BomCR(Cri) 70 ::(2013) 1 CurCriR 325 ::(2013) 1 AllCriR 681 ::2013 CriLR(SC&MP) 1 ::2013 (2) SCC 17 ::2013 (1) SCC (Cri) 802 ::(2013) 1 Mad LJ(Cri) 302 ::2013 (1) RecCriR 1013 ::2013 (1) Scale 156 ::2013 CriLR(SC MAH GUJ) 1 ::2013 (4) AllCriLR 282 ::2013 (2) Cal Cri LR 151 ::2013 (1) Guj LH 225 ::2013 (2) Mh LJ (Cri) 8 ::2013 (1) Ker LT 45 SN ::(2013) 1 Ker LT 45 ::2013 (54) OCR 816 ::(2013) 1 Crimes 135 ::2013 (1) UC 530 ::2013 CalCriLR 2 151 ::(2013) 123 AllIndCas 148 (SC) ::2013 (123) AllIndCas 148 ::(2013) 1 EFR 292

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): Aftab Alam, Ranjana Desai , JJ

(A) Criminal P.C. (2 of 1974) , S.378— Appeal against acquittal - Filed by complainant - Lies before High Court - Not before Sessions Court - S. 378 (1)(b) restricts power of State to file appeal. 2011 (1) DLT (Cri) 714, Reversed. Sub-section (4) of Section 378 makes provisions for appeal against an order of acquittal passed in case instituted upon complaint. It states that in such case if the complainant makes an application to the High Court and the High Court grants special leave to appeal, the complainant may present such an appeal to the High Court. This sub-section speaks of 'special leave' as against sub-section (3) relating to other appeals which speaks of 'leave'. Thus, complainant's appeal against an order of acquittal is a category by itself. The complainant could be a private person or a public servant. Sub-section (6) further provides that if 'special leave' is not granted to the complainant to appeal against an order of acquittal the matter must end there. Neither the District Magistrate nor the State Government can appeal against that order of acquittal. The idea appears to be to accord quietus to the case in such a situation. Thus if in a case instituted on a complaint an order of acquittal is passed, whether the @page-SC396 an order of acquittal is passed, whether the offence be bailable or non-ba....