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july 2019

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.

NAVAL KISHORE MISHRA vs THE STATE OF UTTAR PRADESH · Niyam