S. GANAPATHY Vs. N. SENTHILVEL

JUDGEMENT

(1.) In these cases, an important issue as to the remedy available for an aggrieved to challenge the order of acquittal of the accused in a case instituted on a private complaint, has come up for consideration.

(2.) Some of the parties, in these cases, contend that the remedy for the aggrieved is only to seek leave to appeal before this Court under Section 378(4) of the Code of Criminal Procedure, whereas the counter argument is that the aggrieved has the right of appeal as per proviso to Section 372 of the Code of Criminal Procedure which was introduced by the Amendment Act, 5/09, with effect from 31.12.2009.

(3.) It is quite interesting to note that innumerable petitions seeking leave are filed before this Court under Section 378(4) of the Code of Criminal Procedure and equally, appeals are also filed under the proviso to Section 372 of the Code of Criminal Procedure. Among the Sessions Judges in this State, there appears to be no uniformity inasmuch as some Sessions Judges entertain appeals against acquittals of the accused, in private complaint cases under proviso to Section 372 of the Code of Criminal Procedure and some do not. Because of this anomalous situation, I have ventured to examine the said question in depth.