Supreme Court of India
Jagbir and Anr. v. State of Punjab
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What the Court ordered
Resultantly, it was the State alone who could file an appeal in the High Court against the order of acquittal under Section 378(1) Cr.P.C. after obtaining leave under sub-section (3) thereof - and not the complainant who could only file an application under Section 401 Cr.P.C. for revision of that order.
Judgment, page 2
From the headnote
Code of Criminal Procedure, 1973 : Ss. 190( l)(b) and 378-Cognizance of offence 11pon police repoTt-T!ial-Acquittal by trial co11rt-Appeal by complainant 11/s. 378(4)-High Cowt convicting and sentencing two of the accused-Held, in the instant case it was the &ate only who co11/d have filed appeal u/s. 378( 1) against order of acquittal after obtaining leave 11nder s11b-section (3) thereof and 1101 the complai11a11t, who could only file a11 application u/s.401 for revision uf that order-High Cowt will treat the memorand11111 of appeal as application for revision of order of Sessions Judge qua
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