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
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
obtained by the Appellant under
Section 378 (2) of Code of Criminal
procedure, 1973 to file the captioned Appeal.
(b) Pass necessary orders and directions ... CRL.L.P. 185/2018
Signing Date:23.11.2020
23:59:54
acquittals under Section 417 of the Criminal
Procedure Code [See Section 378
High Court. The Code of Criminal Procedure , 1973 came into being on January 25, 1974 repealing the Code of Criminal Procedure , 1898. The recommendations made ... right approach and correct interpretation of Section 378 of the Code."
33. Section 378 (4) (5) CrPC specifically provides for an appeal
order of acquittal shall lie under sub- section (1) or under
sub- section (2).
11) Section 378 Cr.P.C provides for an appeal against ... under sub- Section 4 of Section 378, is filed within that time. If the time
stipulated in sub-section (5) of Section 378
State Government regarding appeals against
acquittals under Section 417 of the Criminal
Procedure Code [See Section 378 of new
Code].
The State Government will ... this Court to Section 378(2) which reads as under:-
Section 378(2) in The Code Of Criminal
Procedure, 1973
(2) If such an order
JUDGMENT :
. Present appeal has been filed under Section 378(4) of the Code of
Criminal Procedure by the original complainant challenging the acquittal of
respondent ... merits as in the case of a regular appeal. Sub-section (3) of
Section 378 Cr.P.C. clearly provides that no appeal
entertained. Sub section (4) of
Section 378 [which is presently, we are concerned] is
identical to sub section 3 of Section 417 of ... Limitation Act, 1963 , Section 29(2) and Section 3 and also
the provision u/s.378 of new code of criminal procedure and
after giving
Crl. L.P No. 4/2019 is an application under Section 378 (4) of the
Code of Criminal Procedure, 1973 (for short, CrPC ... under sub- section 1 or sub- section
2 of Section 378 if, in any case, the application under sub-section (4) for the
grant
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 ... required to take leave as provided in
Section 378 of the Criminal Procedure Code but if he is not the
complainant, he is not required
