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High Court of Kerala: Decided On 20-06-2017 Justice Alexander Thomas

This document summarizes a 2017 case from the High Court of Kerala regarding an appeal of an acquittal under Section 256(1) of the Code of Criminal Procedure. The court held that when a trial court acquits a defendant under Section 256(1), the complainant must file a special leave petition to the High Court to appeal under Section 378(4). A revision petition to the Sessions Judge would not be allowed due to the prohibition in Section 401(4). The complainant failed to file the required special leave petition, so the revision petition to the Sessions Judge regarding the acquittal was not permitted.

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152 views1 page

High Court of Kerala: Decided On 20-06-2017 Justice Alexander Thomas

This document summarizes a 2017 case from the High Court of Kerala regarding an appeal of an acquittal under Section 256(1) of the Code of Criminal Procedure. The court held that when a trial court acquits a defendant under Section 256(1), the complainant must file a special leave petition to the High Court to appeal under Section 378(4). A revision petition to the Sessions Judge would not be allowed due to the prohibition in Section 401(4). The complainant failed to file the required special leave petition, so the revision petition to the Sessions Judge regarding the acquittal was not permitted.

Uploaded by

Nidheesh Tp
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Code of Criminal Procedure

2017 ICO 1161


High Court of Kerala
Decided on 20-06-2017

Justice Alexander Thomas

Sivadasan ( Represented by, K Abdul Jawad (Adv.) & U Muhammed Musthafa (Adv.)
& Mathew A Kuzhalanadan (Adv.) & A Grancy Jose (Adv.) & M K Prasanth Kumar
(Adv.) )

Vs.

Harish & Anr ( Represented by, Sajan Vargheese K (Adv.) & Liju M P (Adv.) & Saigi
Jacob Palatty (Adv.) & Sojan Micheal (Adv.) )

Case Numbers : Crl.M.C No. 2496 of 2017

Equivalents : 2017 (3) KLT 1123 :: ILR 2017 (4) Ker. 315 :: 2017 (2) KLD 657 :: 2017
(4) KLJ 1

Headnotes
A. Negotiable Instruments Act, 1881 – Section 138 and Code of Criminal
Procedure, 1973 – Sections 256(1), 378(4), 397, 399(1) & 401(4) – Where an order of
acquittal is rendered under Section 256(1) of the Cr.P.C., the complainant has to
file special leave petition to appeal to High Court under Section 378(4) – If no such
proceedings are initiated, then a revision petition by the complainant would not be
maintainable before the Sessions Judge in view of the prohibition contained in
Section 401(4) of the Code. (Para 14)
FULL JUDGMENT
2017 (4) KLJ 1 TRUE PRINT
REPORT AN ISSUE

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