S B Puttaswamy v. Somu

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1166 OF 2022 BETWEEN:

S.B. PUTTASWAMY S/O BASAVASETTY, AGED ABOUT 67 YEARS, RESIDING AT NO.844, 'SHARADA NILAYA', ASHRAMA ROAD, 4TH CROSS, HINKAL, MYSURU - 570 002. …APPELLANT (BY SRI. KUMARA K.G, ADVOCATE) AND:

SOMU S/O LATE NINGAPPA, WORKING AS POSTAL ASSISTANT, NATIONAL SPEED POST HUB, MYSURU - 570 001. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR, HCGP)

THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 23.03.2022 PASSED IN C.C.NO.1885/2020 ON THE FILE OF THE HONBLE V JMFC MYSURU.

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

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

¶1This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.

¶2However, 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

1 2025 SCC Online SC 1320

the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the Cr.PC."

¶3On 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.

¶4In 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.

¶5The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 28.07.2026, without further notice of the concerned Court.

¶6The Registry shall transmit the entire appeal papers, including the appeal memo, to the jurisdictional Sessions Court.

¶7The learned counsel for the appellant shall have the liberty to carry out the amendment in the cause title and also the provisions thereof.

¶8For 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

HDK List No.: 1 Sl No.: 24