Gujarat High Court
Nayanaben D/O. Sureshbhai Ramjibhai ... vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.MA/13667/2025 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 13667
of 2025
In F/CRIMINAL APPEAL NO. 26877 of 2025
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NAYANABEN D/O. SURESHBHAI RAMJIBHAI GUJARIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JK PARMAR(587) for the Applicant(s) No. 1
MR VISHALSINH J PARMAR(12161) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 21/07/2025
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 Page 1 of 2 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 22:02:38 IST 2025 NEUTRAL CITATION R/CR.MA/13667/2025 ORDER DATED: 21/07/2025 undefined leave under Section 419(4) of the BNSS is required for preferring an 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 376(2(n) and 506 of the IPC 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.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) Anuj Page 2 of 2 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 22:02:38 IST 2025