(Querist) 13 July 2022
This query is : Open
My query is that criminal complaint dismissal by JMFC can file revision or appeal against the dismissal with supreme court. Please advise.
Dr J C Vashista
(Expert) 14 July 2022
You can not move direct to Supreme Court in case a complaint has been dismissed by JMFC. However special leave to appeal can be sought from High Court u/s 378(4) Cr PC.
In case of acquittal, only appeal may be filed with the leave of the Hon'ble High Court in terms of Section 378 of CrPC, which is as under;
378. Appeal in case of acquittal:- (1) Save as otherwise provided in sub- section (2) and subject to the provisions of sub- sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision. CR No. 37/2021 Krishan Kumar Vs. Dr. Hans Kumar Jain (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub- section (3), to the High Court from the order of acquittal.
(3) No appeal under sub- section (1) or sub- section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub- section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub- section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub- section (2).
In view of Section 378(4), it is clear that Special Leave of the Hon'ble High Court is required to file an Appeal against the acquittal of an accused and this legal proposition is well applicable against all Criminal Complaints including a Complaint u/s 138 of NI Act.
This section came into interpretation before the Hon'ble High Court of Delhi in case titled 2015 (4) LRC 258 (Del) titled North Delhi Power Ltd. Vs. Sarover Hospital & Anr.
(Querist) 14 July 2022
Complaint dissmiss U/s 203 by JMFC so can approach high court or supreme court
(Expert) 14 July 2022
You have not posted the material facts. Why you are so concerned about approaching the Supreme Court?
Dr J C Vashista
(Expert) 15 July 2022
Complaint dismissed u/s 203 Cr PC can be assailed before Sessions Court but neither before High Court nor Supreme Court. Be specific to your problem, if any.
(Querist) 15 July 2022
Complaint of sexual assault
(Querist) 17 July 2022
The accused very approachable hence wants to approach supreme court
(Expert) 18 July 2022
There are limited grounds, based on substantial questions of law, on which the Supreme Court could be approached in an Original or Special Petition. Mere assumptions and presumptions does not constitute such a ground.
(Querist) 18 July 2022
Thanks for your advice please