scheme
of Code of Criminal Procedure by insertion of the proviso to
Section 372 read with Section 378(4) Cr.P.C goes to suggest ... Section 372 proviso and the proviso
to Section 372 does not stipulate any condition of obtaining
special leave to appeal like subsection (4) of Section
CRL.A.NO.626/2020 VIDE ORDER DATED 28.02.2022 AND HOLD
THAT THE CRIMINAL APPEAL PREFERRED BY THE APPELLANT
UNDER SECTION 372 OF ... Section 378 of Cr.P.C specifically deals with the
appeal in case of acquittal. Sub-section (4) of Section 378 of
right of appeal against acquittal under proviso to
Section 372 of the Code of Criminal Procedure?
(2)Whether the complainant, in a private complaint
case ... right of appeal under proviso to Section
372 of the Code of Criminal Procedure or he has to seek
leave to file appeal under Section
victim'
under the proviso to Section 372 of the Code inserted by the Code of
Criminal Procedure (Amendment Act ) 2008. Section ... Court under Section 378(4) Criminal
Procedure Code?
(C) Whether the 'rights' of a victim under the amended
Criminal Procedure Code are accessory
against the accused, the defacto
complainant had filed Crl.A.No.7/2011 under Section 372 of
Cr.PC, while the State had filed Crl ... ground that the appeal filed
defacto complainant in Crl.A.No.7/2011 under Section 372 of
Cr.PC before the Appellate Court seeking enhancement
right of appeal against acquittal under proviso to
Section 372 of the Code of Criminal Procedure?
(2)Whether the complainant, in a private complaint
case ... 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
incorporation. The Proviso to
Section 372 of the Code was incorporated vide Section 29
of the Code of Criminal Procedure (Amendment ... victim'
under the proviso to Section 372 of the Code inserted by the Code of
Criminal Procedure (Amendment Act ) 2008. Section
District and Sessions Judge, Hooghly at Chinsurah
under Section 372 of the Code of Criminal Procedure, 1973 and the same
was registered as Criminal Appeal ... leave under Section 378(4) of the
Code of Criminal Procedure.
8. It is further submitted, that the proviso to Section 372 of the Code
charge under Section 420 of the Indian Penal Code in terms
of Section 248 (1) of the Code of Criminal Procedure, 1973 vide order
dated ... section 2 (wa) of
the Criminal Procedure Code. There is a clear provision to file appeal
by the victim under Section 372 of the Criminal
view of proviso to section 372 Cr.P.C read with
sub section (4) of section 378 Cr.P.C. and submits that in view ... leave / special leave to
appeal under Section 378 (3) Cr.P.C., and Section 378 (4) Cr.P.C.,
have to be filed separately
