SUBHASH CHAND versus STATE (DELHI ADMINISTRATION)

SUBHASH CHAND versus STATE (DELHI ADMINISTRATION)

In a complaint case, an appeal against an order of acquittal passed by the Magistrate lies only to the High Court on application for special leave by the complainant under Section 378(4) CrPC; it does not lie to the Sessions Court.

Parties
Appellant: Subhash Chand; Respondent: State (Delhi Administration)
Jurisdiction
India
Judgment Date
08 January 2013
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Order Dismissing Petition on Jurisdiction for Criminal Appeal From Acquittal
Outcome
Appeal allowed
Legal Topics
Appeals Against Acquittals, Jurisdiction of Sessions Court and High Court, Appeals From Complaint Cases
Criminal Law Procedure Appeals Against Acquittals Jurisdiction of Sessions Court and High Court Appeals From Complaint Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Subhash Chand

Appellant

State (Delhi Administration)

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Order Dismissing Petition on Jurisdiction for Criminal Appeal From Acquittal

Legal Issues

  1. 1 Whether appeal against order of acquittal in a complaint case lies to Sessions Court or High Court under Section 378 of CrPC

Ratio Decidendi

In a complaint case, an appeal against an order of acquittal passed by the Magistrate lies only to the High Court on application for special leave by the complainant under Section 378(4) CrPC; it does not lie to the Sessions Court.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court holding appeal lies to Sessions Court is quashed and set aside
  • Complainant may challenge acquittal by filing application for special leave to appeal in High Court