ORDER 1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. 2. Counsel for the petitioner submits that a complaint was filed against present petitioners, in which, the learned trial court acquitted present petitioners vide order dated 21.01.2015. Thereafter, an appeal was filed by respondent/complainant wherein the judgment of acquittal was reversed and conviction was recorded by learned appellate court vide order dated 11.11.2016. 3. Counsel for the petitioner submits that as per judgment of Hon'\ble Division Bench of this Court in Dhanne Singh Vs. Shyam Singh Vs. State of Rajasthan (D.B. Criminal Revision Petition No.411/2012) decided on 02.12.2014), on a reference being made, following question came to be framed for adjudication by a Larger Bench :- 'In a case instituted upon a complaint, whether the complainant is entitled to challenge the judgment of acquittal of the accused recorded by a Magistrate by filing an appeal before the Sessions Court under the proviso to Section 372 Cr. P.C. or that such acquittal can be assailed only by bringing a special leave to appeal application to the High Court under Section 378(4) Cr. P.C.?' 4. It has been decided that remedy in a complaint case where there has been acquittal is only criminal leave to appeal. Relevant portion of the judgment reads as follows :- 'We are in absolute agreement with the reasons given and the findings arrived by Hon'ble Punjab and Haryana High Court. While accepting the same, the question referred is answered in the terms that - (i) The 'complainant' in a complaint-case who is also a 'victim' and the 'victim' other than a 'complainant' in such case, shall have remedy of appeal against acquittal under Section 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is aggrieved at the conviction for a lesser offence or imposition of an inadequate compensation, for which he/she shall be entitled to avail the remedy of appeal under proviso to Section 372 of the Code. (ii) The 'victim', who is not the complainant in a private complaint-case, is not entitled to prefer appeal against acquittal under proviso to Section 372 and his/her right to appeal, if any, continues to be governed by the un-amended provisions read with Section 378 (4) of the Code. (ii) The 'victim', who is not the complainant in a private complaint-case, is not entitled to prefer appeal against acquittal under proviso to Section 372 and his/her right to appeal, if any, continues to be governed by the un-amended provisions read with Section 378 (4) of the Code. (iii) those 'victims' of complaint-cases whose right to appeal have been recognized under proviso to Section 372, are not required to seek 'leave' or 'special leave' to appeal from the High Court in the manner contemplated under Section 378(3) & (4) of the Code. (iv) The right conferred on a 'victim' to present appeal under proviso to Section 372is a substantive and independent right which is neither inferior nor contingent upon the filing of appeal by the State in that case. Resultantly, the condition of seeking 'leave to appeal' or 'special leave to appeal' as contained in Section 378(3) &(4) cannot be imposed for the maintainability of appeal by a 'victim' under proviso to Section 372 of the Code.' Let the revision petitions be placed before learned Single Bench for appropriate proceedings.' 5. Counsel for the respondent is unable to refute the same. 6. Consequently, the present revision petition is allowed. The conviction order is quashed and set aside with liberty to the respondent to move criminal leave to appeal.