Section 378 in The Code of Criminal Procedure, 1973
378. Appeal in case of acquittal.
- [(1) Save as otherwise provided in sub-section ... subject to the provisions of sub-sections (3) and (5),- (a) the District Magistrate may in any case, direct the Public Prosecutor to present
accused persons under several
sections of the Indian Penal Code (the IPC ).
Crl. Appeal Nos._______/2018 (@ S.L.P. (Crl ... required to take leave as provided in
Sec. 378 of the Criminal Procedure Code but if he is not the
complainant, he is not required
Petitioner
Vs.
R.Prabhagaran .. Respondent
Criminal Appeals are filed under Section 378(4) of the Code of Criminal
Procedure, 1973 as against the judgment dated ... complaint whether it is under proviso
to Section 372 of the Criminal Procedure Code or under Section 378(4) of
Criminal Procedure Code. The issues
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 ... Section 372
Cr.P.C without obtaining the leave of the High Court as required
under sub-section (3) of Section 378
After considering the provisions contained in Section 417 of the Code of Criminal Procedure, 1898 and Section 378, in concluding paragraph 40 observed thus ... sections (1) and (2) read with sub-section (3) of Section 378, no limitation is provided under Section 378 or any other Section of CrPC
Petitioner
Vs.
R.Prabhagaran .. Respondent
Criminal Appeals are filed under Section 378(4) of the Code of Criminal
Procedure, 1973 as against the judgment dated ... complaint whether it is under proviso
to Section 372 of the Criminal Procedure Code or under Section 378(4) of
Criminal Procedure Code. The issues
Section 417 of the old Code, corresponding
to Sub-sections (1) and (2) of Section 378 of the New Criminal Procedure
Code ... Section (3) of Section 417 of the Old Code. The
said provision corresponds to sub-section (4) of Section 378 of
judgments cited by Mr. Malhotra pertain to Section 417 of the Criminal Procedure Code, 1898 and Section 378 prior to its amendment ... Section 372 and together with sub-section (3) of Section 378 of the Code otherwise the substantive provision of Section 372 of the Code would
complaint case.
Thereafter, by the Code of Criminal Procedure Amendment Act,
2005, Section 378 Cr.P.C. was further amended and the forum of
appeal ... preferred before the said Court only under sub-section (1) or sub-
section (2) thereof. Section 378 Cr.P.C. (as amended
Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C .) was not maintainable as the appeal should have been filed under Section 378 ... order of acquittal shall lie under sub-section (1) or under sub-section (2)"
15. Section 378 Cr.P.C. was lastly amended
