LANDMARK JUDGMENT
CASE DETAILS: M/SCELESTIUM FINANCIAL V.s. A. GNANANSEKARAN & OTHERS. CITATION : 2025 INSC 804.DATE OF JUDGMENT : JUNE 1, 2025.BENCH : JUSTICE B.V. NAGRAATHNA AND JUSTICE SATISH CHANDRA SHARMA.
Section 372 CrPC Grants Victims the right to appeal against.....
Legal Issue Of this case is that of the Victims can file under section 2 (wa) CrPC right to file an appeal under proviso section CrPC 378 (4).
In The case of M/S celestium financial v. A. Gnansekaran & ors. supreme court Bench Justice B.V. Nagarathna and the Justice Satish Chandra Sharma said that a victim ( means injured person ) It has the legal right to appeal to an acquittal order passed by a trial court, without seeking prior permission from the High Court. This is under the provision inserted in section 372 CrPC through the 2009 amendment.
Here are Hon'ble Supreme Court Observations :
1. On the first observations the court said that Right to appeal is a Statutory Right of any Victim or any injured person. in simple words court said that a person who is harmed or injured by a crime is called as ( victim ) the person can file an appeal Under the proviso of section 372 CrPc without any prior permission from court. In easy way we can say that if you are hurt by the crime, you do not ask to the court before the filling appeal it has full right to appeal to that injured person.
2. In second observation Hon'ble supreme court said that the complainant in cheque bounce case is a victim too it means a person who files a case under the negotiable instruments act under section 138 ( cheque bounce case ) is also victim ( injured person ) because they suffer finacial loss. In simple way we can say that If A gives bad or fake cheque to B , A files a case on B so A is not only the person who is only complaining but he is also victim so he has right to appeal.
3. In the third observation Hon'ble supreme court said that there is no need to be follow section 378 (4) if you are a injured person or victim. Means court said that The requirment of to take the leave ( permission ) from the Hon'ble High court under section 378 (4) of CrPc it only applies to regular complaints but not to victims under the section 2 (wa) CrPc.
4. In the fourth observation of Hon'ble supreme court says that 2009 amdendment gave the victims a stronger voice. our Parliment had amended the CrPC in 2009 section 2 (wa) to give victims a more active role especially the right to challenge wrong or unfair judgments. In simple language we can say that the law was changed to help victims they speak and take actions when the justice is not done.
5. Like Accused right of appeal is important as aslo victim's right is also important Hon'ble supreme court says that accused person had always appeal against conviction. so similarly, victims should also have an equal right to appeal if something is unfair or justice not done. Both sides have equal chance to appeal either victim or accused person.
6. Last Observation is that the hon'ble supreme court says that the criminal justice system must not only protect the rights of the accused, but also the ensure the justice for the victims. ( means a person who injured ) we can say that court should care about victims and also accused persons too.
FINAL VERDICT OF HON'BLE SUPREME COURT :
The Hon'ble supreme court in that landmark judgment says that A victim can file directly an appeal under the proviso to section 372 of CrPC without permission under section 378 (4) of CrPC. Also court said that justice must be serves victims as well both has same right to appeal. aslo court says this judgement strenghtens victims rights in indian criminal law.
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