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Md. Alauddin vs Unknown on 10 February, 2011

Kolkata High Court (Appellete Side)
Md. Alauddin vs Unknown on 10 February, 2011
Author: Ashim Kumar Roy
                                                1

10.02.2011

C.R.R. No. 1243 of 2010
In the Matter of : Md. Alauddin Petitioner.

                   Mrs. Sujata Das        for the Petitioner.
                   Mr. Joymalya Bagchi     as Amicus Curiae



In this criminal revision the petitioner challenged an order of

acquittal passed in connection with a Sessions trial where the

accused/opposite parties were charged for committing the offence

punishable under Section 307 of the Indian Penal Code. The

petitioner herein being the father of Muskan Khatoon, who was

attempted to be murdered by the acquitted accused, is a “victim” as

defined in Section 2 (wu) and accordingly in terms of the proviso to

Section 372 of the Code of Criminal Procedure, appeal lies at his

instance before this Court against such order of acquittal and as

such this criminal revisional application is not legally maintainable.

While in terms of Section 378 of the Code of Criminal

Procedure no appeal against an order of acquittal at the instance of

the Central Government or the State Government be entertained

except with the prior leave of the High Court, similarly, where such

an order of acquittal has been passed in a case instituted upon a

complaint, without the grant of special leave to appeal by the High

Court, but an appeal in terms of proviso to Section 372 of the Code,

at the instance of the “victim”, is directly maintainable before a Court
2

where an appeal ordinarily lies against the order of conviction passed

by such Court without any leave or special leave.

Since, this Court is satisfied that this criminal revisional

application challenging the order of acquittal has been made on an

erroneous belief that no appeal lies thereto and is of the further

opinion that in the interest of justice this revisional application be

treated as a petition of appeal, accordingly office is directed to take

necessary steps for converting this criminal revision to an appeal and

to place it before the appropriate Bench for admission.

( Ashim Kumar Roy, J. )

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