Gyan Chandra Gupta vs State and Others

Shiv Narayan Dhingra, J.—This leave to appeal has been preferred by the complainant in FIR No. 138/92 PS Sadar Bazar as the accused persons were acquitted by the Appellate Court vide order dated 27th January, 2004. u/s 378 Sub-section 2 Cr.P.C., an appeal against acquittal by the Court of Sessions whether as Trial Court or as Appellate Court can be preferred by the State Government after obtaining a leave to appeal. No right has been vested by the Legislature in complainant to prefer an appeal against the acquittal passed by the Court of Sessions to the High Court. A complainant however, has a right to file a revision. In the present case, the complainant has not preferred revision but has preferred an appeal with this application for leave to appeal. In view of judgment of Supreme Court in Jagbir and Another Vs. State of Punjab, and provisions of Cr.P.C., an appeal filed by complainant is not maintainable. There is no request from the appellant for conversion of this appeal into a revision. However, even the jurisdiction of revision can be exercised by the High Court only in the exceptional circumstances when there is a glaring defect in the procedure or there is manifest error on a point of law resulting into flagrant miscarriage of justice. I, therefore, consider that the present appeal filed by the complainant is not maintainable and the application for leave to appeal is liable to be dismissed, the same is hereby dismissed.