A.M. VIJAYARAJA Vs. SURESH KUMAR

JUDGEMENT

(1.) THESE appeals have been preferred by the victims of crime in various cases against the acquittal of the accused. These cases were originally instituted on police reports.

(2.) THE question before this Court is whether these Criminal Appeals have to be heard and disposed of by this Court as per the provision under Section 372 Cr.P.C. inserted by Cr.P.C.Amendment Act, 2008, with effect from 30.12.2009.

(3.) THE learned counsel appearing for the defacto complainant contended that the above appeals have been filed before this Court against the acquittal and hence, they contended that as per Section 378(4) of Cr.P.C.the appeals are maintainable before this Court and as per Section 378(2) of Cr.P.C., it will be applicable only for the procedure adopted by the other officials such as CBI, Excise etc.,and hence they prayed that the appellants are entitled to prosecute the appeals before this Court and hence they prayed that preliminary objection has to be ignored and the appeals have to be disposed of by this Court.