Case Note & Summary
The judgment pertains to two criminal appeals filed by complainants against acquittal. The core legal issue was whether, after the amendment to Section 372 of the Code of Criminal Procedure, 1973 (CrPC) which gave a right to the complainant to appeal, the requirement of obtaining leave under Section 378 CrPC is deleted, and if so, whether the appeal must be directly admitted for final hearing without any preliminary scrutiny. The appellants argued that since the requirement of leave is deleted, the appeals should be directly admitted and placed for final hearing, as the parameters for grant of leave and admission are the same. The respondents contended that the law is well settled and deleting the requirement of leave does not automatically mean admission for final hearing. The Court, after hearing both sides, passed an order on 29.06.2015, which is the subject of this judgment. The Court held that the deletion of the requirement of leave does not tantamount to grant of admission of appeal for its final hearing. The Court must still apply its mind to the merits of the appeal before admitting it. The judgment is on a preliminary point and does not decide the merits of the appeals.
Headnote
A) Criminal Procedure - Right of Appeal - Section 372, Section 378 Code of Criminal Procedure, 1973 - Leave to Appeal - The issue was whether deletion of the requirement of leave under Section 378 CrPC, consequent to the amendment of Section 372 CrPC, automatically entitles a complainant to have his appeal admitted for final hearing. The Court held that the deletion of the requirement of leave does not tantamount to grant of admission of appeal for its final hearing; the parameters for grant of leave and admission are the same, but the court must still apply its mind to the merits before admitting the appeal. (Paras 2-3)
Issue of Consideration
Whether deletion of the requirement of obtaining leave to appeal under Section 378 of the Code of Criminal Procedure, 1973, in view of the right given to the complainant under Section 372 of the said Code, entitles the complainant to direct admission of the appeal for final hearing without any further scrutiny.
Final Decision
The Court held that deletion of the requirement of leave does not tantamount to grant of admission of appeal for its final hearing. The appeals are not automatically admitted; the court must still apply its mind to merits before admission.
Law Points
- Section 372 CrPC
- Section 378 CrPC
- leave to appeal
- admission of appeal
- complainant's right to appeal
Case Details
2015 LawText (BOM) (07) 192
Criminal Appeal No. 156 of 2015 and Criminal Appeal No. 216 of 2015
B.P. Dharmadhikari, P.N. Deshmukh
Shri Adwait S. Manohar (for appellant in Appeal 156/2015), Shri Shirish Gupte, Senior Advocate with Shri S.V. Dere (for respondent Nos. 1 to 4 in Appeal 156/2015), Shri R.M. Daga (for respondent No. 5 in Appeal 156/2015), Shri D.M. Surjuse (for appellant in Appeal 216/2015), Shri S.A. Chaudhari (for respondent Nos. 1 & 2 in Appeal 216/2015), Shri H.D. Dubey, APP (for respondent No. 4 in Appeal 216/2015)
Manikrao s/o Bapurao Kale (in Criminal Appeal No. 156 of 2015); Arun s/o Vithobaji Sathone (in Criminal Appeal No. 216 of 2015)
Vasantrao Vishwasrao Charjan and others (in Criminal Appeal No. 156 of 2015); Raju s/o Vithobaji Sathone and others (in Criminal Appeal No. 216 of 2015)
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Nature of Litigation
Criminal appeals against acquittal filed by complainants.
Remedy Sought
Appellants sought admission of their appeals for final hearing without requirement of leave.
Filing Reason
Appellants challenged acquittal of respondents and argued that deletion of leave requirement under Section 378 CrPC entitles them to direct admission.
Issues
Whether deletion of requirement of leave under Section 378 CrPC, in view of Section 372 CrPC, entitles complainant to direct admission of appeal for final hearing.
Submissions/Arguments
Appellants: Requirement of leave is deleted, so appeals must be directly admitted and placed for final hearing; parameters for leave and admission are same.
Respondents: Law is well settled; deleting leave requirement does not automatically mean admission for final hearing.
Ratio Decidendi
The deletion of the requirement of leave to appeal under Section 378 CrPC does not automatically entitle the complainant to have the appeal admitted for final hearing. The court must still apply its mind to the merits of the appeal before admission.
Judgment Excerpts
The respective counsel appearing for the appellant – complainant submit that as requirement of obtaining leave is deleted in the wake of right given to the complainant under Section 372 of the Code of Criminal Procedure, the appeals must be directly admitted and placed for final hearing.
The respective counsel appearing for the respondents urged that law on the point is well settled and deleting the requirement of leave does not tantamount to grant of admission of appeal for its final hearing.
Procedural History
On 29.06.2015, the Court heard the respective counsel and passed an order on the preliminary point regarding admission of appeals. The present judgment is on that preliminary point.
Acts & Sections
- Code of Criminal Procedure, 1973: 372, 378
