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For the reasons as stated above, this court is of the view that even though the right to appeal for the victim has been created by the proviso to Section 372 of Cr.P.C, the said proviso itself is a comprehensive provision, not fettered by any leave or sanction as required for the categories of appeals as depicted in Section 378(1), 378(2) and 378(4) of Cr.P.C. No leave is required for the victim to file an appeal as against the order of acquittal under the proviso to Section 372 of Cr.P.C.”

4. The correctness of the decision of the High Court is questioned by the appellant-accused. By order dated 13.08.2014, Mr. Shekhar Naphade, learned Senior Advocate was requested to assist the Court as Amicus Curiae and the matter was directed to be listed for final hearing. In the meantime a decision was rendered by this Court on 06.10.2015 in Satya Pal Singh v. State of Madhya Pradesh[1]. Paras 14, 15, 17 and 18 of the decision are as under:-

”14. Thus, from a reading of the above said legal position laid down by this Court in the cases referred to supra, it is abundantly clear that the proviso to Section 372 Cr.P.C. must be read along with its main enactment i.e. Section 372 itself and together with sub-section (3) of Section 378 Cr.P.C. otherwise the substantive provision of Section 372 Cr.P.C. will be rendered nugatory, as it clearly states that no appeal shall lie from any judgment or order of a criminal court except as provided by Cr.P.C.
15. Thus, to conclude on the legal issue:
“whether the appellant herein, being the father of the deceased, has statutory right to prefer an appeal to the High Court against the order of acquittal under the proviso to Section 372 Cr.P.C. without obtaining the leave of the High Court as required under sub-section (3) of Section 378 Cr.P.C.?” this Court is of the view that the right of questioning the correctness of the judgment and order of acquittal by preferring an appeal to the High Court is conferred upon the victim including the legal heir and others, as defined under Section 2(wa) Cr.P.C., under the proviso to Section 372, but only after obtaining the leave of the High Court as required under sub- section (3) of Section 378 Cr.P.C. The High Court of M.P. has failed to deal with this important legal aspect of the matter while passing the impugned judgment and order.

II Criminal Appeals arising out of SLP(Crl) Nos.8316-17 of 2012

9. These appeals, at the instance of the original informant question the orders dated 20.06.2012 and 28.06.2012 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur. By order dated 20.06.2012 Criminal Application No.399 of 2012 preferred by State of Maharashtra seeking leave to appeal against the judgment and order dated 04.02.2012 passed by the Extra Joint Ad-hoc Additional Sessions Judge, Kelapur in Sessions Trial No.6 of 2011 acquitting the accused of the offences punishable under Section 302, 201 read with Section 34 IPC was rejected by the High Court. The appeal under Section 372 Cr.P.C. preferred by the Informant, who also happens to be the widow of the deceased was rejected in the light of the earlier rejection dated 20.06.2012. It appears that State of Maharasthra did not challenge the rejection of their application seeking leave to appeal. This Court issued notice in the aforesaid matter on 12.10.2012 and the matter was thereafter tagged with SLP(Crl) No.7014 of 2012, namely, the earlier matter arising out of the judgment of the Gauhati High Court.