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
372 Cr.P.C. by the victim as per proviso as inserted by the Code of Criminal Procedure (Amendment Act No. 5 of 2019) Section ... Code of Criminal Procedure (Amendment) Bill, 2006 seeks to achieve the above objectives."
(emphasis supplied)
The Code of Criminal Procedure , 1973
"372
Appeal in view of the
statutory provisions of section 372 of Cr. P.C. Section 372 Cr.P.C. is
contained in Chapter XXIX dealing ... sentence."
(vi) that the Code of Criminal Procedure (Amendment) Bill, 2006
The code of Criminal Procedure (Amendment) Bill, 2006 was
introduced in the Rajya
JUDICATURE AT ALLAHABAD
AFR
Court No. - 43
Case :- CRIMINAL MISC. APPLICATION DEFECTIVE U/S 372 CR.P.C (LEAVE TO APPEAL ... under Section 378 Cr.P.C. and the provisions of Section 378 are required to be read into the provisions of Section 372
Chapter XXIX of the Code of Criminal Procedure , 1973 deals with "Appeals" and Section 372 makes it clear that no appeal ... inadequate sentence under Section 377 CrPC but similarly no appeal can be maintained by victim under Section 372 CrPC
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 ... section (5) to Section 401
Cr.P.C. As observed hereinabove, as such, while exercising the powers
under sub-section (5) to Section 401
section, it cannot be imagined that the Legislature did
not know about Section 378 CrPC and had read only upto
Section 372 CrPC ... provisions of Section 378(4) CrPC and it had
no intention to make the provisions of Section 378(4) CrPC
redundant
Chapter XXIX of the Code of Criminal Procedure , 1973 deals
with 'Appeals' and Section 372 makes it clear that no apeal ... inadequate sentence under Section
377 , Cr.PC but similarly no appeal can be maintained by victim under
Section 372 Cr.PC on the ground
victim' under the proviso to Section 372 of the
Code inserted by the Code of Criminal Procedure (Amendment Act ) 2008.
Section ... further Section 29 of the Amendment Act, 2008 pertaining to
amendment of Section 372 of the Code states that "in Section 372
Chapter XXIX of the Code of Criminal Procedure , 1973 deals
with 'Appeals' and Section 372 makes it clear that no apeal ... inadequate sentence under Section 377 ,
Cr.PC but similarly no appeal can be maintained by victim under Section
372 Cr.PC on the ground
