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2012 (5) TMI 777

would lie to the court of Sessions and, therefore, in the present case keeping in view the proviso to Section 372 Cr.P.C., it is of the view that the appellants/applicants should have preferred an appeal under the proviso to Section 372 Cr.P.C. before the court of Sessions. - In that view of the matter, the appellants/ applicants need not have preferred the leave to appeal applications which h .....

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31.12.2009 i.e. the date after the amendment to Section 372 Cr.P.C. vide amending Act No.5 of 2009 vide Section 29 thereof by which a proviso to Section 372 Cr.P.C. has been added. The proviso to Section 372 Cr.P.C. reads as follows:- Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or i .....

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l within the definition of victim . Such victim, defined under Section 3(wa) Cr.P.C., under the newly added proviso to Section 372 Cr.P.C. would have a right to prefer an appeal against the order passed by the court acquitting the accused, as in the present case, in accordance with the proviso to Section 372 Cr.P.C. the victim would have a right to file an appeal and the said appeal shall lie to t .....

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ants, if so dvised, may prefer appeals before the court of Sessions. The Registry is directed that the certified copy of the judgment and vakalatnamas which have been filed in these leave to appeal applications may be returned to the learned counsel for the appellant/applicants after retaining a photostat copies of the same on the record. It is made clear that the appellants would be entitled to s .....

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