Discussion
A complainant, of a Magistrate triable case instituted upon a complaint, can challenge the judgment of acquittal passed by the competent court, by filing:-
Answer: D
The complainant must file an application for grant of leave to appeal in the High Court.
Section 378(4) of the Code of Criminal Procedure, 1973 provides that where an order of acquittal is passed in a case instituted upon complaint, the High Court may, on an application made by the complainant, grant special leave to appeal. The application must be made within sixty days (six months if the complainant is a public servant).
The complainant has no direct appeal to the Sessions Court, and a revision is not the proper remedy where the statute provides an appeal with leave.
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