Appeal against acquittal by Magistrate in private complaints can only be moved in High Court u/Section 378, CrPC: Madras HC corrects course

A Full Bench of the High Court on Thursday found that a 2016 Ruling to the contrary was rendered per incuriam. As a result, the Full Bench has also issued directions to correct the practical fallout of the 2016 ruling.
Madras High Court campus
Madras High Court campus

The Madras High Court has ruled that a challenge to an acquittal order passed by a Magistrate Court in a private criminal complaint must be moved before the High Court under Section 378 (4) of the Code of Criminal Procedure (CrPC). (K Rajalingam and ors v. R Suganthaalakshmi and ors. - Madras High Court FB Judgment)

The Full Bench of Justices MM Sundresh, V Bharathidasan and Anand Venkatesh passed the ruling while holding that the contrary ruling of another Full Bench of the High Court in S.Ganapathy v. N.Senthilvel was per-incuriam.

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