(1.) These are a batch of 12 Criminal Miscellaneous Petitions seeking leave to appeal challenging the judgment of acquittal of the respective accused. All these petitions arise out of complaint cases and the respective complainants are before us praying for leave.
(2.) Issue in this batch of cases, which we feel is of utmost importance, is whether, in an appeal arising out of complaint, where complainant is victim, it is necessary to take leave of the Court by the victim-complainant to file an appeal? This question assumes more significance in view of the ratio laid down by the Hon'ble Supreme Court in the case of Joseph Stephen & Others versus Santhanasamy & Others reported in (2022) 13 SCC 115.
(3.) A Coordinate Bench of this Court, vide order dtd. 1/3/2023 passed in the case of Mossabha Khatoon versus the State of Jharkhand and Ors. [Cr. M.P. No.71 of 2010] and other analogous cases, held that the law laid down by the Full Bench of this Court in Tuklal Yadav versus State of Jharkhand and Another reported in 2018 SCC OnLine Jhar 1193, still holds good. The aforesaid finding was arrived by the Coordinate Bench, despite taking note of the judgments passed by the Hon'ble Supreme Court of India in the case of Mallikarjun Kodagali (dead) represented through Legal Representatives versus State of Karnataka and Others reported in (2019) 2 SCC 752 and in the case of Joseph Stephen and Others versus Santhanasamy and Others reported in (2022) 13 SCC 115.