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As per the case facts, a criminal appeal was filed challenging a High Court judgment that had dismissed the appellant's appeal as not maintainable under the proviso to Section 372
...of the CrPC. The appellant sought to establish the maintainability of their appeal as a victim. The question arose whether an appeal filed by a victim under the proviso to Section 372 of the CrPC is maintainable. Finally, the Supreme Court found the impugned judgment unsustainable and set it aside. The Court unequivocally held that by adding the proviso to Section 372 of the CrPC through amendment, a clear right to appeal has been created in favor of the victim. Accordingly, the appellant's appeal was held maintainable and restored to its original file and number before the High Court, with directions for expeditious hearing on merits.
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