Sri.Phani Kumar P N Vs Sri.Abhijith Raju.K — Karnataka HC (2026) — LawSathi Research

Sri.Phani Kumar P N Vs Sri.Abhijith Raju.K — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal transferred to the jurisdictional Appellate Court/Sessions Court; parties directed to appear there on 02.07.2026 without further notice; Registry to transmit the entire appeal papers including the appeal memo; learned counsel for the appellant given liberty to amend the cause title and provisions thereof; pending I.A.s disposed of as not surviving; appeal disposed of for statistical purposes.

Issue for consideration

Whether a criminal appeal against an order of acquittal filed by the appellant/complainant under Section 378(4) CrPC before this Court is maintainable, given the Hon'ble Supreme Court's ruling in Celestium Financial that a complainant who is the victim must instead invoke the proviso to Section 372 CrPC before the jurisdictional Sessions Court.

Court's answer

On careful reading of Celestium Financial, the complainant, being the victim, has to file an appeal against the order of acquittal before the Jurisdictional Sessions Court by invoking Section 372 of the Code of Criminal Procedure, 1973; consequently, the appeal by the complainant against the order of acquittal is not maintainable before this Court.

Ratio / Principle

Since this Court has no jurisdiction to decide the appeal on merit, the appeal is transferred to the jurisdictional Appellate Court/Sessions Court.

Detailed headnote1 paragraphs

Maintainability of complainant's appeal against acquittal — S. 378(4) Cr.P.C. — Held not maintainable before the High Court. Relying on the Hon'ble Supreme Court's ruling in Celestium Financial Vs. A. Gnanasekaran Etc. (2025 SCC Online SC 1320, para 10), that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 CrPC irrespective of whether he is a complainant, and that even a complainant who is the victim may proceed under the proviso to S. 372 without advert ing to subsection (4) of Section 378, this Court held that the complainant, being the victim, must file the appeal against the order of acquittal before the Jurisdictional Sessions Court invoking Section 372 of the Code of Criminal Procedure, 1973. As the Court had no jurisdiction to decide the appeal on merit, the appeal challenging the judgment of acquittal dated 20.08.2025 in C.C.No.21014/2022 (XIII ACJM, Bengaluru), filed under S.378(4) Cr.P.C. praying for conviction of the accused and compensation, was transferred to the jurisdictional Appellate Court/Sessions Court; parties directed to appear on 02.07.2026 without further notice; Registry to transmit the entire appeal papers; counsel permitted to amend the cause title; appeal disposed of for statistical purposes along with pending I.A.s. (Oral judgment dated 08.06.2026 — S RACHAIAH, J.)

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NC: 2026:KHC:28025 CRL.A No. 2018 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL APPEAL NO. 2018 OF 2025 (A)

BETWEEN:

Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka

SRI.PHANI KUMAR P N AGED ABOUT 42 YEARS, S/O LATE P.NAGARAJ, RESIDENT OF NO.109, M.B.R.SAPHIRA APARTMENTS, 5^TH CROSS, NEAR VIJAYASHREE HOSPITAL, BORA LAYOUT, GOTTIGERE, BANNERUGHATTA ROAD, BENGALURU - 560 083.

…APPELLANT

(BY SRI. MANJUNATHA H R., ADVOCATE)

AND:

SRI.ABHIJITH RAJU.K

2 - NC: 2026:KHC:28025 CRL.A No. 2018 of 2025

HC-KAR

AGED ABOUT 31 YEARS, S/O LATE SRI.PADMANABHA RAJU, RESIDENT OF NO.11, 8^TH MAIN, 3^RD CROSS, NEAR PETROL BUNK, PUTTENAHALLI, J.P.NAGAR 7^TH BLOCK, BENGALURU - 560 078.

…RESPONDENT

THIS CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SETTING ASIDE THE IMPUGNED JUDGMENT DATED 20.08.2025 PASSED IN C.C.NO.21014/2022 ON THE FILE OF THE HON’BLE XIII ACJM AT BENGALURU AND CONSEQUENTLY CONVICT THE ACCUSED AND GRANT COMPENSATION TO THE COMPLIANT AS PRAYED FOR IN THE COMPLIANT AND ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:28025 CRL.A No. 2018 of 2025

HC-KAR

ORAL JUDGMENT

This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.

However, the Hon’ble Supreme Court in Celestium Financial Vs. A. Gnanasekaran Etc.¹ , held in paragraph No.10 as under:

“10. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to subsection (4) of Section 378 of the Cr.PC.”

1 2025 SCC Online SC 1320

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NC: 2026:KHC:28025 CRL.A No. 2018 of 2025

HC-KAR

On careful reading of the judgment of the Hon’ble Apex Court supra, it is evident that the complainant, being the victim, has to file an appeal against the order of acquittal before the Jurisdictional Sessions Court by invoking Section 372 of the Code of Criminal Procedure, 1973.

In view of the law laid down by the Hon’ble Apex Court, in Celestium Financial case supra, the appeal by the complainant against the order of acquittal is not maintainable before this Court. Since this Court has no jurisdiction to decide the appeal on merit, the appeal is transferred to the jurisdictional Appellate Court/Sessions Court.

The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 02.07.2026 , without further notice of the concerned Court.

The Registry shall transmit the entire appeal papers, including the appeal memo, to the jurisdictional Sessions Court.

5 - NC: 2026:KHC:28025 CRL.A No. 2018 of 2025

HC-KAR

The learned counsel for the appellant shall have

the liberty to carry out the amendment in the cause title and also the provisions thereof.

For statistical purposes, this appeal stands disposed of . Ordered accordingly.

In view of the disposal of the appeal, pending I.A., if any, does not survive for consideration and the same is also disposed of.

Sd/(S RACHAIAH) JUDGE

NM List No.: 1 Sl No.: 16