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
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. )