Supreme Court · 2018 INSC 969 · Decided 12 October 2018
Mallikarjun Kodagali (Dead) Represented Through Legal Representatives v. The State of Karnataka & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 969 · [2018] 13 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 1281/2018
- Decided
- 12 October 2018
- Bench
- MADAN B. LOKUR, S. ABDUL NAZEER, DEEPAK GUPTA (3-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 372, 2(wa)
Headnote
Code of Criminal Procedure, 1973: s. 372 proviso (introduced w.e.f. 31.12.2009) - Right of appeal against acquittal to the victim of an offence - Requirement of seeking leave of the High Court - offence took place in February 2009 - Order of acquittal passed by the trial court in October 2013 - Appeal filed under proviso to s. 372 by the victim - Dismissed by the High Court as not maintainable holding that the proviso to s. 372 introduced w.e.f. 31.12.2009 but the
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