Case Note & Summary
The applicant, Vandana Jibhkate, was the complainant/informant in a police case that resulted in the acquittal of the accused. She filed Criminal Revision No. 71 of 2007 before the Sessions Judge, Bhandara, challenging the acquittal. The Sessions Judge dismissed the revision as not maintainable, holding that the applicant should have resorted to filing an appeal against the order of acquittal. Aggrieved, the applicant filed the present criminal application before the Bombay High Court. The High Court examined the provisions of Section 378 of the Criminal Procedure Code, 1973, which provides for appeal against acquittal. It noted that in a police case (a case instituted on a police report), the right of appeal against acquittal is given only to the prosecuting agency, i.e., the State, and no such right is conferred on the complainant/informant/victim. Therefore, the complainant cannot file an appeal against acquittal. The only remedy available to the complainant is to file a criminal revision before the Sessions Court. The High Court held that the Sessions Judge erred in dismissing the revision on the ground that it was not maintainable. The High Court partly allowed the criminal application, set aside the impugned judgment and order dated 24.10.2008, and remitted the matter to the Sessions Judge, Bhandara, for fresh hearing and disposal according to law.
Headnote
A) Criminal Procedure - Appeal against acquittal - Maintainability of Revision - Section 378, Criminal Procedure Code, 1973 - In a police case (case instituted on police report), the right of appeal against acquittal is given only to the State, not to the complainant/informant/victim. Therefore, the complainant can challenge the acquittal by way of revision before the Sessions Court. The Revisional Court erred in dismissing the revision on the ground that the complainant should have approached the District Magistrate for filing an appeal. (Paras 2-3) B) Criminal Procedure - Revision - Remedy for complainant against acquittal in police case - Section 397, Criminal Procedure Code, 1973 - Where the trial results in acquittal in a police case, the complainant has no right of appeal under Section 378 CrPC. The only remedy available is to file a criminal revision under Section 397 CrPC before the Sessions Court. The Sessions Judge must hear the revision on merits. (Paras 2-4)
Issue of Consideration
Whether a criminal revision filed by a complainant/informant/victim against an order of acquittal in a police case is maintainable before the Sessions Court.
Final Decision
Criminal Application is partly allowed. Impugned judgment and order dated 24.10.2008 passed by Sessions Judge, Bhandara, in Criminal Revision No. 71 of 2007 is set aside. Proceedings of Criminal Revision No. 71 of 2007 are remitted to the Sessions Judge, Bhandara, for fresh hearing and disposal according to law.
Law Points
- Right of appeal against acquittal in police case is only with the State
- not complainant
- Revision is maintainable by complainant against acquittal in police case
- Section 378 CrPC does not provide appeal to complainant
- Revisional Court erred in dismissing revision as not maintainable
