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2015 (2) TMI 1259 - CHHATTISGARH HIGH COURTConstruction and interpretation of essentially two provisions of the Code - Section 372 - Section 378 - Whether complainant is entitled to prefer an appeal under proviso to Section 372 of Cr.P.C. before the Court of Session against the judgment of acquittal passed by subordinate Criminal Court arising out of criminal complaint filed by complainant, or he is required to prefer an appeal under sub-section (4) of Section 378 of the Cr.P.C. before this Court after obtaining leave? Held that: - Section 378(4) of the Code is a special provision, dealing specifically with appeal by complainant in case of acquittal of accused in complaint cases, and as such it will have overriding as well as exclusive application and effect in cases of acquittal of accused in cases instituted upon complaint. Section 378(4) of the Code lays down twin criteria for tenability of appeal that it should be filed in the High Court and that the appeal will lie after obtaining special leave. As a corollary it flows that complainant will not be entitled to prefer an appeal under proviso to Section 372 of the Code before the Court of Session against the judgment of acquittal passed by subordinate criminal court arising out of criminal complaint filed by complainant, he will be required to prefer an appeal under Section 378(4) of the Code before the High Court after obtaining leave. The incorporation of proviso to Section 372 of the Code by Act No. 5 of 2009, providing right of appeal to the victim, will not come to the aid those victims who are complainants having much role in the court proceedings. Appeal dismissed being not maintainable.
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