VidhiSangh

Supreme Court of India · 05/07/2019

NAVAL KISHORE MISHRA versus STATE OF U.P. & ORS.

[2019] 9 S.C.R. 249 · 2019 INSC 725

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Summary

The victim’s appeal against acquittal could not be dismissed solely because the State had earlier been refused leave to appeal. The unmarried deceased’s brother qualified as a legal heir within the statutory definition of victim. Applying Mallikarjun Kodagalli, the Court held that he could pursue a regular appeal under the proviso to Section 372 without seeking leave and remitted it for merits consideration.

Issues

  1. Whether refusal of leave for the State’s acquittal appeal justified rejection of the victim’s separate appeal.
  2. Whether the deceased’s brother could appeal as a victim without seeking leave.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and the victim’s appeal remitted to the High Court for consideration on merits.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 249.