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

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.

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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