Nayanaben D/O. Sureshbhai Ramjibhai ... vs State Of Gujarat
2025 Latest Caselaw 1177 Guj

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.
                      ==========================================================
                      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

NEUTRAL CITATION

R/CR.MA/13667/2025 ORDER DATED: 21/07/2025

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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