Mr X files a false complaint u/s 156(3) before the magistrate and after brief formality investigation by police process is started ( NO FIR BY POLICE ONLY BRIEF INVESTIGATION FORMALITY). But accused persons convinces the court regarding false complaints and After adopting all due procedures u/s 244/246/313 Cr PC etc. all accused are acquitted.
Now IN WHICH COURT (SESSION OR HC) the appeal against acquittal will lie having regard to following sections:
372. No appeal to lie unless otherwise provided.
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.
In section 372 of the principal Act, the following proviso shall be inserted, wef 31/12/2009 namely:—
“Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall He to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”.
378. Appeal in case of acquittal.
(4) If such an order of' acquittal is passed in any case instituted upon Complaint and the High Court, on an application made to it by the complainant in this behalf, grants, special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
MR BECHARA……………………………….
