Supreme Court of India
Naval Kishore Mishra v. State of U.P. & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid, we set aside the order of the High Court and allow the appeal remitting the appeal to be considered by the High Court on merits.
Judgment, page 3
From the headnote
Code of Criminal Procedure, 1973: ss. 372 proviso and 378 – Appeal against acquittal – Right of victim to file the appeal against the acquittal of accused without seeking leave to appeal – Held: Victim has a right to file the appeal and no leave has to be sought in such a situation – Appeal has to be dealt as a regular appeal – It is different from the appeal filed by the State seeking leave to appeal – Appeal filed by the victim ought not to have been dismissed at the threshold only on the ground that no leave was granted to the State to appeal against the order of acquittal.
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