Your question appears to be vague. Section 372 of the Cr.P.C. that you have mentioned in the heading of the question, basically lays down a general provision saying that an appeal cannot be filed against any judgment or order of a Criminal Court except as provided for by the Criminal Procedure Code or by any other law for the time being in force. An amendment made to this Section in 2009 lays down that the victim of an offence, however, shall have a right to prefer an appeal against any order passed by the Court acquitting the accused (or convicting for a lesser offence or imposing inadequate compensation), and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. This section is as under:
“372. No appeal to lie unless otherwise provided.— No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”
If your question is with regard to the right of the victim of an offence to file appeal under Section 372 of the Cr.P.C., then let me point out that this provision is applicable to a private complaint case as well as to a police case (i.e., a case based on FIR). Further, in such a situation, the appeal has to be filed in the court where normally such appeal lies. For example, if the acquittal order is passed by the Magistrate court, then the victim can file appeal in the Session Court. And, if the acquittal order is passed by the Session Court, then the victim can file the appeal in the high court.
Also see, in this regard, my reply to the question, Right of victim to file appeal against acquittal order by magistrate.
Coming to the question in the main body of your question, an appeal can be filed in the Session Court against an order passed by the Magistrate court.
For appeal in the FIR case, it would depend upon which court passed the order of conviction or acquittal. If the order was passed by the Magistrate court, then the appeal would lie in the Session Court. But, if the order was passed by the Session Court, then the appeal would lie in the High Court.
It is wrong to suggest that appeal in a (private) complaint case would always lie in the High Court. As above in the FIR case, it would depend on which court passed the order of conviction or acquittal. In a private complaint case also, if the order was passed by the Magistrate court, then the appeal would lie in the Session Court. But, if the order was passed by the Session Court, then the appeal would lie in the High Court.
I hope your question is answered in what is mentioned above. If you had some different question, then please clarify what exactly was your question.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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