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CDJ 2026 SC 253 print Preview print Next print
Case No : Criminal Appeal No. of 2026 (Arising out of SLP(Crl.) No. 1235 of 2025)
Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR & THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN
Parties : Mehal Singh Versus State of Punjab & Others\r\n
Appearing Advocates : For the Petitioner: ------ For the Respondents: ------
Date of Judgment : 06-02-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Code of Criminal Procedure, 1973 (Cr.P.C.)
- Section 2(wa) of the Code of Criminal Procedure, 1973
- Section 372 of the Code of Criminal Procedure, 1973
- Section 378(4) of the Code of Criminal Procedure, 1973

2. Catch Words:
- Leave to appeal
- Acquittal
- Victim’s right to appeal
- Section 372 proviso
- Section 378(4)

3. Summary:
The appellant‑victim challenged the High Court’s order refusing leave to appeal against an acquittal. The Court observed that, under the proviso to Section 372 Cr.P.C., a victim defined in Section 2(wa) has a statutory right to appeal an acquittal without seeking leave. The earlier decision in *Mallikarjun Kodagali (Dead) v. State of Karnataka* was relied upon to confirm this principle. Consequently, the High Court’s refusal of leave was deemed unwarranted. The order dated 14.07.2023 was set aside, and the appellant‑victim was permitted to file the appeal directly. Any pending applications were disposed of.

4. Conclusion:
Appeal Allowed
Judgment :-

Leave granted.

2. This appeal arises out of the order dated 14.07.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-A No. 739/2023 (O&M) whereby, the learned Judge refused to grant leave to appeal to the appellant-victim against the judgment of acquittal dated 16.01.2023 passed by the learned Additional Sessions Judge, Ferozepur, Punjab, in Sessions Trial No. 5/2023.

3. We find that the learned Judge did not even give any reason as to why he found no grounds to grant leave to appeal. More importantly, the issue that arises is as to whether the appellant-victim even required such grant of leave to maintain an appeal against the judgment of acquittal. This issue is squarely settled by the 3-Judge Bench decision of this Court in Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka & Ors.[(2019) 2 SCC 752]. It was specifically observed therein that a victim, as defined under Section 2(wa) of the Code of Criminal Procedure, 1973[Cr.P.C.", for short], had the right to file an appeal under the proviso to Section 372 thereof against a judgment of acquittal and, in that regard, the appellant-victim did not need to apply for leave to appeal against such judgment of acquittal.

4. In that view of the matter, the appeal is allowed and the impugned order dated 14.07.2023 passed by the learned Judge of the High Court of Punjab and Haryana at Chandigarh in CRM-A No. 739/2023 (O&M) is set aside. The appellant-victim is entitled to maintain the appeal against the judgment of acquittal dated 16.01.2023 without seeking leave to appeal under Section 378(4) of the Cr.P.C.

Pending application(s), if any, stand disposed of.
 
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