Gujarat High Court
Ishika D/O Hiteshbhai Ambalal Joshi W/O ... vs State Of Gujarat on 18 July, 2025
NEUTRAL CITATION
R/CR.MA/9984/2025 ORDER DATED: 18/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9984 of
2025
In F/CRIMINAL APPEAL NO. 13185 of 2025
================================================================
ISHIKA D/O HITESHBHAI AMBALAL JOSHI W/O NISHANT NIMESHBHAI
RAJPUT
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR.AMIT R JOSHI(6682) for the Applicant(s) No. 1
MR HARSHIL G BHAVSAR(11263) for the Respondent(s) No. 2
MR RUTURAJ NANAVATI(5624) for the Respondent(s) No. 2
MS KRINA CALLA, APP for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 18/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. This application under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "the BNSS") is filed seeking leave to appeal.
2. We have heard learned counsel for the applicant. As per the submissions made by him and also as can be seen from the record, the case in the trial court is not instituted on complaint. Complaint is defined under Section 2(d) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") and any accusation made by way of filing complaint before the Magistrate directly would fall within the definition of complaint. If the said case, which was instituted upon a complaint ends in an acquittal, then leave under Section 419(4) of the BNSS is required for preferring an Page 1 of 2 Uploaded by ABHISHEK(HC01389) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:19:23 IST 2025 NEUTRAL CITATION R/CR.MA/9984/2025 ORDER DATED: 18/07/2025 undefined appeal in the High Court. The present case was not instituted upon a complaint. Learned counsel for the applicant fairly concedes that it was a case instituted upon a police report for the offences punishable under Sections 406, 420, 376(2)(n), 376(3) and 506(2) of the Indian Penal Code, 1860 and under Sections 3(a), 4, 5(l), 6, 11(4) and 12 of the Protection of Children from Sexual Offences Act, 2012 and the said case ended in acquittal. Therefore, when it is a case instituted upon a police report, no leave under Section 419 (4) of the BNSS is required to be obtained. Section 419(4) of the present BNSS Act is analogous to Section 378(4) of old Cr.P.C.
3. After considering the said legal position, learned counsel for the applicant seeks permission to withdraw this application. Permission is accorded. This application is dismissed as withdrawn. However, the applicant is at liberty to pursue his appeal. As it is an appeal preferred by the victim, proviso to Section 372 of the Cr.P.C. empowers the victim to prefer an appeal against the said judgment of acquittal, if she feels aggrieved by the same. The applicant is also permitted to carry out necessary amendments in his appeal.
Sd/-
(CHEEKATI MANAVENDRANATH ROY, J) Sd/-
(D. M. VYAS, J) ABHISHEK Page 2 of 2 Uploaded by ABHISHEK(HC01389) on Fri Jul 18 2025 Downloaded on : Sat Jul 19 00:19:23 IST 2025