Supreme Court of India · 2019-07-05
NAVAL KISHORE MISHRA vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 2018/2639
- Court
- Supreme Court of India
- Petitioner
- NAVAL KISHORE MISHRA
- Respondent
- THE STATE OF UTTAR PRADESH
- Author
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Judgment text excerpt
The Supreme Court held that under Section 372 of the Code of Criminal Procedure, 1973, a victim has the right to appeal against an acquittal without needing to seek leave, as clarified in Mallikarjun Kodagalli v. State of Karnataka (2019). The Court found that the dismissal of the victim's appeal solely based on the State's lack of leave was erroneous. Consequently, the Court set aside the High Court's order and remitted the appeal for consideration as a regular appeal.