Bombay High Court

ABDUL RAHIM ABDUL KARIMversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Transfer to other court

Holding

An appeal by the victim against an acquittal under the proviso to Section 372 CrPC lies before the Court to which a conviction appeal would ordinarily lie, necessitating transfer to the concerned District and Sessions Court.

Summary

The applicant, Abdul Rahim Abdul Karim, filed an application under Section 378 of the CrPC seeking leave to appeal an acquittal order. Relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), counsel argued that the victim’s right to appeal under the proviso to Section 372 CrPC makes the appeal lie before the court that would have heard a conviction appeal. The High Court accepted this view and ordered the matter to be transferred to the appropriate District and Sessions Court for disposal as an appeal under Section 372. The transferred court is directed to exclude the time spent on this application when computing limitation periods. The order also directs the trial court to issue notices and proceed in accordance with law.

Issues considered

Whether a victim can prefer an appeal against an acquittal under the proviso to Section 372 of the CrPC
Whether leave to appeal under Section 378 CrPC is appropriate in the present circumstances
Which court has jurisdiction to hear such an appeal

Legislation cited

Code of Criminal Procedure — s. 372, 378

Subjects

Criminal Procedure Code
Section 372
Section 378
Victim's right to appeal
Acquittal
Transfer of jurisdiction
Leave to appeal

Judgment

2026:BHC-AUG:41839


                                                                      P-1-ALP-48-2024.odt




                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                 APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY NO. 48 OF 2024

                                   ABDUL RAHIM ABDUL KARIM
                                              VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                                 .…
                 Mr. S. K. Chavan, Advocate for Applicant
                 Mr. S. M. Ganachari, APP for Respondent No.1 - State
                 Mr. Arvind S. Deshmukh, Advocate for Respondent Nos. 2 to 6
                                                 .…

                                      CORAM : ABHAY S. WAGHWASE, J.

                                         DATE : 10 September, 2026
                 PER COURT :-


                 1.             Not on board. Upon mentioning, taken on board.


                 2.             By the present application under Section 378 of the

                 Code of Criminal Procedure, the applicant prays for leave to file

                 an appeal against judgment and order of acquittal passed by the

                 trial Court.


                 3.             Considering the above position of law laid down by

                 the Hon’ble Supreme Court in the case of M/s Celestium Financial

                 Vs. A. Gnanasekaran and Ors, 2025 SCC OnLine SC 1320, the



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learned counsel appearing for the applicant submitted that under

proviso to Section 372 of the Code of Criminal Procedure, since the

victim has a right to prefer an appeal against the order passed by the

Court acquitting the accused or convicting accused for lesser offence

or imposing inadequate compensation, such appeal shall lie to the

Court to which the appeal ordinarily lies against the order of

conviction.    In view of said proviso, learned counsel prays that this

matter be transferred to the concerned District and Sessions Court for

its disposal in accordance with law.


4.            In that view of the matter and considering the

observations of the Hon’ble Supreme Court in the case referred above,

this matter is required to be transferred for its disposal to the

concerned District Court. Hence, the following order:-

                               ORDER

(i)   The present proceedings be transferred to the concerned
      District and Sessions Court.     Learned Registrar (Judicial) of
      this Court to take further necessary action for transferring
      these matters to the concerned District and Sessions Court,
      immediately.




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(ii)    The learned Trial Court to whom this matter will be assigned,
        after registering it, shall issue notice to the concerned parties,
        and thereafter, proceed further with the matter in accordance
        with law.


(iii)   The concerned Trial Court shall treat this matter as an appeal
        under proviso to Section 372 of the Code of Criminal
        Procedure as per the observations of the Hon’ble Supreme
        Court in the case of Celestium Financial (supra).

(iv)    Learned District and Sessions Judge to exclude the period
        spent in prosecuting instant application before this Court while
        calculating the period of limitation.



                                      [ ABHAY S. WAGHWASE, J. ]

SMS




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