SATYAPAL SINGH versus STATE OF M.P. AND ORS.

SATYAPAL SINGH versus STATE OF M.P. AND ORS.

A victim including legal heirs as defined under Section 2(wa) Cr.P.C. has a statutory right to appeal against acquittal under proviso to Section 372 Cr.P.C., but only after obtaining leave of the High Court as required under Section 378(3) Cr.P.C. The High Court's failure to examine the question of leave before disposed the appeal amounts to improper exercise of appellate jurisdiction; the judgment of the High Court is set aside and the case is remanded for proper consideration.

Parties
Appellant: Satya Pal Singh; Respondents: State of M.P. and Ors.
Jurisdiction
India
Judgment Date
06 October 2015
Procedural Posture
Criminal Appeal / Appeal Against Acquittal; Supreme Court Adjudicating Challenge to High Court's Decision
Outcome
Appeal allowed; High Court's judgment set aside; case remanded to the High Court
Legal Topics
Appeal Against Acquittal, Victim's Right to Appeal, Appellate Jurisdiction, Leave to Appeal
Criminal Law Appeal Against Acquittal Victim's Right to Appeal Appellate Jurisdiction Leave to Appeal

Case Brief

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Parties

Satya Pal Singh

Appellant

State of M.P. and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Acquittal; Supreme Court Adjudicating Challenge to High Court's Decision

Legal Issues

  1. 1 Whether the victim or his relative has a statutory right to prefer an appeal to the High Court against acquittal under proviso to Section 372 Cr.P.C. without obtaining leave as required under Section 378(3) Cr.P.C.
  2. 2 Whether the High Court erred by not examining whether leave to appeal should be granted before dismissing the appeal

Ratio Decidendi

A victim including legal heirs as defined under Section 2(wa) Cr.P.C. has a statutory right to appeal against acquittal under proviso to Section 372 Cr.P.C., but only after obtaining leave of the High Court as required under Section 378(3) Cr.P.C. The High Court's failure to examine the question of leave before disposed the appeal amounts to improper exercise of appellate jurisdiction; the judgment of the High Court is set aside and the case is remanded for proper consideration.

Court Disposition

Appeal allowed; High Court's judgment set aside; case remanded to the High Court

Orders

  • Impugned judgment and order of the High Court set aside
  • Case remanded to the High Court to consider grant of leave to file an appeal under Section 378(3) Cr.P.C.