Sec 378 of crpc
Sec 378 appeal in case of Acquittal
The section is divided in two parts
Part one where prosecution can file an appeal on orders of district magistrate or government and ask for leave to appeal from hogh court then only appeal will be entertained. 378(1)&(2)&(3)
Part two talks abt Acquittal in complaint case where complainant can come to High Court and ask for special leave to appeal to file an appeal. 378(4)
Now i wish to knw the difference between this both one talks about "leave to appeal" and second about "special leave to appeal"
So whats the difference between "leave to appeal" and "special leave to appeal". Why the term special is added.
Is it because once a complaint is filed and cognizance is taken state becomes the main contesting party and thus if state does not chooses to appeal in a complaint case. The high court being a court of record have inherent power can grant "special" leave to appeal to the complainant and that is why it is called special leave to appeal and the first part is called leave to appeal.
Am i right or help me out pls ots urgent.