defined under
Section 2(wa) Cr.P.C., at his instance, criminal appeal as provided under
Section 372 Cr.P.C., against the order ... follows:
Chapter XXIX of the Code of Criminal Procedure deals with "Appeal(s)".
Section 372 specifically provides that no appeal shall lie from
Court of Session that the present appeal filed under Section 372 of Code of Criminal Procedure 1973 (hereinafter referred to as ... Section 2 (wa) which reads as under:
"2. Amendment of Section 2 .- In section 2 of Code of the Criminal Procedure, 1973 (hereinafter referred
victim u/s 2 (wa) and who can
be regarded a victim for the purposes of Proviso 2 to Section 372
Cr.P.C also ... though used in Proviso to Section 372
IPC has not been defined anywhere in the Code of Criminal
Procedure, yet an expression "minor offence
appeal before High Court under Section 378 (4) of
Code of Criminal Procedure and cannot prefer
appeal under Section 372 of Code of Criminal
Procedure ... Code of
Criminal Procedure was already in existence. The
Law Commission in its 154th report recommended
comprehensive amendments to the Code of Criminal
Procedure relating
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 ... Victim" has been provided
under Section 3(wa) of the Code of Criminal Procedure
which reads as follows:-
"3(wa) "victim
appeals have been preferred under the proviso
to Section 372 of the Code of Criminal Procedure, 1973
(hereinafter referred to as the ... power under Section 390 cannot be specifically
invoked by this Court in an appeal under the proviso to
Section 372 of
372 of the Code of Criminal Procedure, Special Leave to
Appeal under Section 378(4) of the Code of Criminal Procedure may not
be entertained ... under Section 378(4) of the Code of Criminal
Procedure for getting leave to appeal. Section 378(4) of the
Code of Criminal Procedure reads
372 of the
Code of Criminal Procedure, Special Leave to Appeal under Section 378(4)
of the Code of Criminal Procedure may not be entertained ... under Section 378(4) of the Code of Criminal
Procedure for getting leave to appeal. Section 378(4) of the
Code of Criminal Procedure reads
372 of the Code of Criminal Procedure, Special Leave to Appeal under
Section 378(4) of the Code of Criminal Procedure may not be entertained ... under Section 378(4) of the Code of Criminal
Procedure for getting leave to appeal. Section 378(4) of the
Code of Criminal Procedure reads
deceased Dineshbhai Makwana, invoking her right under proviso to
section 372 of Code
of Criminal Procedure (' Cr.P.C .' for short). The same ... sec. 378 of the Code of Criminal Procedure, why the same procedure be
not applied in case of appeal by the victim, under section 372
