Supreme Court · 2019 INSC 725 · Decided 5 July 2019
Naval Kishore Mishra v. State of U.P. & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 725 · [2019] 9 S.C.R. 249
- Case number
- CRIMINAL APPEAL No. 979/2019
- Decided
- 5 July 2019
- Bench
- SANJAY KISHAN KAUL, K.M. JOSEPH (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 452, 302, 34; CrPC Section 372, 378
Headnote
Code of Criminal Procedure, 1973: ss. 372 proviso and 378 - Appeal against acquittal - Right of victim to file the appeal against the acquittal of accused without seeking leave to appeal - Held: Victim has a right to file the appeal and no leave has to be sought in such a It is different from the appeal filed by the State seeking leave to appeal - Appeal filed by the victim ought not to have been dismissed at the threshold only on the ground that no leave was granted to the State to appeal against the order of acquittal. Mallikarjun Kodagalli (D) through
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