G BASAWARAJ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two criminal petitions are filed by the accused questioning filing of Criminal Appeal Nos. 12 of 2009 and 13 of 2009 on the file of III Additional Sessions Judge (Fast Track Court) at Gadwal, Mahabubnagar District under Section 378 Code of Criminal Procedure filed by the complainant against two judgments dated 31.10.2008 passed by the Additional Judicial Magistrate of the First Class, Alampur in C.C. Nos. 28 of 2007 and 77 of 2007 respectively recording acquittal of the accused/Petitioner.

(2.) The only contention put forward by the Petitioner's counsel is that as against judgment recoding acquittal of the accused, remedy of the complainant is to file appeal to the High Court under Section 378(4) Code of Criminal Procedure and that the High Court has to grant leave to file appeal against acquittal even if the complainant approached the High Court before admission of the appeal against acquittal. On the other hand, counsel for the 2nd Respondent/complainant pointed out that as per recent amendment to Section 372 Code of Criminal Procedure introducing new proviso to that Section, a victim is competent to file appeal to the Sessions Court against acquittal recorded, by the Magistrate.

(3.) Section 372 Code of Criminal Procedure reads as follows: