Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court
2 years, 7 months ago

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court

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The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature.Meaning thereby, a 'victim' has no right to prefer an appeal against an order passed before December 31, 2009, acquitting the accused/punishing. The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature. At the outset, the Court noted that apart from the fact that the Stamp Reporter had reported a delay of 6228 days in filing the appeal, the appeal itself was not maintainable as when the acquittal order was passed by the Court below, there was no proviso to Section 372 CrPC giving a right to the victim to file an appeal against such acquittal order. ".it is very much clear that the amendments so made in Section 372 CrPC by adding a proviso in the year 2009 creating a substantive right of appeal is not retrospective in nature.

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History of this topic

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

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The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 months, 3 weeks ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

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The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited
10 months, 2 weeks ago

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited

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Recently, the Allahabad High Court has quashed criminal cases filed against the CFO, CEO & MD, and Senior Executive Vice President of Larsen and Toubro Limited. Relying on the decisions of the Supreme Court in Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others, Vijay Dhanuka and others v. Najima Mamtaj and others, Abhijit Pawar v. Hemant Madhukar …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

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The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

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The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
1 year, 1 month ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

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The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court
1 year, 5 months ago

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

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The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji and observed thus: “In Sobhanakumari K. vs. Santhosh @ Pallan Shaji, a Division …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

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Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
2 years, 2 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

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The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 4 months ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

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Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 6 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine
2 years, 7 months ago

Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine

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The Allahabad High Court is set to examine an interesting question as to whether a 'victim', who is also the complainant in the case and who has preferred an appeal under Section 372 CrPC, can be asked to obtain special leave to appeal from the order of acquittal as provided under Section 378 CrPC.The bench of Justice Mohd. The Allahabad …

Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order
2 years, 7 months ago

Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order

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Now, on Monday, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav granted two weeks' time to the CBI and CBI to file their objections to the Plea and listed the matter for further hearing on September 5. It may be noted that on July 18, when the revision plea came before the single judge, the Senior Counsel Syed …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

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The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision : Supreme Court
2 years, 11 months ago

Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision : Supreme Court

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The Supreme Court, on Monday, held that a 'victim' as defined under Section 2 of the Code of the Criminal Procedure. Remitting the matter back to the High Court for the fresh consideration of the bail application, it directed Mishra to surrender within a week's time The Bench, while hearing the plea seeking cancellation of bail, identified one of the …

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court
3 years ago

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court

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The Supreme Court observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence.Section 468 of the Code of Criminal procedure deals with bar to …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

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The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC
3 years ago

Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC

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The Allahabad High Court, sitting in Lucknow, recently delved into the power of Courts at the time of framing of charges under Section 228 CrPC and to discharge an accused under Section 227 CrPC.Justice Sangeeta Chandra observed, "Framing of a charge is an exercise of jurisdiction by the trial court in terms of Section 228 of the Code, unless the …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
3 years, 1 month ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

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The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
3 years, 1 month ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Greatest Sensitivity Needed In Custodial Death Cases, Judicial Inquiry Can't Be Dragged For Long: Allahabad High Court
3 years, 2 months ago

Greatest Sensitivity Needed In Custodial Death Cases, Judicial Inquiry Can't Be Dragged For Long: Allahabad High Court

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The Allahabad High Court has recently observed that in matters, where the allegation is with regard to custodial death, judicial inquiry u/s 176 A CrPC can't be allowed to drag for long as these are instances that have to be viewed with the greatest sensitivity and concern.The Bench of Justice Ashwani Kumar Mishra and Justice Deepak Verma observed this while …

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court
3 years, 5 months ago

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court

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The Allahabad High Court on Tuesday held that an Application U/s 482 Cr.P.C. can't be filed against a cognizance order passed by Special Judge in an SC/ST Act Offence and that against such an order, only an appeal shall lie before the High Court under Section 14A of the S.C./S.T. In this matter, an application under 482 CrPC was moved …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 6 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

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The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
5 years, 4 months ago

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

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Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went on to note that victim can invoke her right under proviso to section 372 of CrPC only in …

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]
5 years, 6 months ago

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]

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Recalling an order passed in a criminal case, the Allahabad High Court observed that bar contained in section 362 of the Criminal Procedure Code applies for review, and not recall. Section 362 CrPC provides that no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a …

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]
6 years, 5 months ago

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Live Law  

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A of the Scheduled Castes/Scheduled Tribes Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in sub­section of Section. Full Court of the Allahabad High Court on …

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]
6 years, 5 months ago

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Live Law  

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A of the Scheduled Castes/Scheduled Tribes Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in sub­section of Section. Full Court of the Allahabad High Court on …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

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A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]
7 years, 11 months ago

Can ‘Victim’ File Appeal Against Acquittal Without Leave Of Court: SC Refuses To Refer The Matter To Larger Bench [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court on Tuesday declined the request of amicus curiae senior advocate Shekhar Naphade’s request to reconsider the judgment in Satya Pal Singh vs State of Madhya Pradesh, wherein the Supreme Court held that the ‘victim’ cannot file an appeal against an order of acquittal without the leave of the high court.The bench of Justice …

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]
7 years, 11 months ago

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

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Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 …

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]
7 years, 11 months ago

Can Victim In A Complaint Case Appeal Under Section 372 CrPC Proviso; Calcutta HC Refers The Question To Larger Bench [Read Judgment]

Live Law  

Access to justice in the form of appeal is a fundamental right of every ‘victim’ of crime and cannot be restricted only to victims in police cases, the Court opined.The Calcutta High Court has referred to the larger bench the question whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 …

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