Section 372 in The Code of Criminal Procedure, 1973
372. No appeal to lie unless otherwise provided.
- No appeal shall lie from any judgment ... conviction of such Court.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section
Code of Criminal Procedure or he has to
seek leave to file appeal under Section 378(4) of the Code of Criminal
Procedure ?
4. Whether ... Proviso, as inserted in Section 372 of the Code
of Criminal Procedure, 1973 by the Criminal Procedure Code (Amendment
accused persons under several
sections of the Indian Penal Code (the IPC ).
Crl. Appeal Nos._______/2018 (@ S.L.P. (Crl ... appeal. The proviso
Crl. Appeal Nos._______/2018 (@ S.L.P. (Crl.) Nos. 7040-7041 of 2014)
14
to Section 372 of the
answer lies in sub-section (4) of Section 401 Cr.P.C. itself.
Sub-section (4) of Section 401 Cr.P.C. reads as under ... section (5) to Section 401
Cr.P.C. As observed hereinabove, as such, while exercising the powers
under sub-section (5) to Section 401
appeal before the High Court under
proviso to Section 372 of the Code of Criminal Procedure, 1973 (for short
“the Cr.P.C .”). The High ... with its main
enactment i.e., Section 372 itself and together with sub-Section (3) to
Section 378 of Cr.P.C. otherwise the substantive
Section 428 Cr.PC shall be given to the convict
qua the offence u/s 201
IPC.”
2
Crl[email protected].(
Crl ...
Code of
Criminal Procedure , 1973.
9. Chapter XXIX of the
Code of
Criminal Procedure , 1973
deals with ‘Appeals’ and
Section 372 makes it clear that
insertion of the proviso to Section 372 of the Code
of Criminal Procedure, both by the Code of Criminal Procedure
Amendment ... made to those sub-
sections.
9. The Code of Criminal Procedure was further amended by
Code of Criminal Procedure Amendment
under Section 138 N.I. Act, it held that
the appeal under Section 372 IPC was not maintainable. The proviso to
Section 372 ... course, the scope of Section 372 Cr.P.C. and subsequent
amendments in Cr.P.C. (Code of Criminal Procedure (Amendment
treat the appeal initially filed under Section
372 to be one under Section 372 read with Section 378 Cr.P.C. Though the
High Court ... offences
punishable under Section 302 , 201 read with Section 34 IPC was rejected by
the High Court. The appeal under Section 372
accusations under Sections 279 , 337 , 338 and 304-A IPC
found an apparent conflict between proviso to Section 372 and Section
378 CrPC ... Code of Criminal Procedure , 1973 came into being on
January 25, 1974 repealing the Code of Criminal Procedure , 1898. The
recommendations made
