Supreme Court of India

Mallikarjun Kodagali v State of Karnataka

(2019) 2 SCC 75220181 min read
The case in brief30-second read
Facts
The victim appealed against an acquittal under the proviso to S.372 CrPC. The High Court held that he needed leave to appeal, as the State would under S.378(3).
Issue
Whether a victim must seek leave of the High Court to appeal against an acquittal under the proviso to S.372 CrPC.
Held
The proviso gives the victim a substantive right of appeal. The victim need not seek leave or special leave. The right applies to orders of acquittal passed on or after 31 December 2009, whatever the date of the offence.
Principle
A victim may appeal against acquittal as of right, without leave.
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Facts

  • The victim appealed against an acquittal under the proviso to S.372 CrPC. The High Court held that he needed leave to appeal, as the State would under S.378(3).

Issue

  1. Whether a victim must seek leave of the High Court to appeal against an acquittal under the proviso to S.372 CrPC.

Held

  • The proviso gives the victim a substantive right of appeal. The victim need not seek leave or special leave. The right applies to orders of acquittal passed on or after 31 December 2009, whatever the date of the offence.

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Citation

Mallikarjun Kodagali v State of Karnataka (2019) 2 SCC 752

Reported: https://api.sci.gov.in/supremecourt/2014/28643/28643_2014_Judgement_12-Oct-2018.pdf. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.