mesuggest (prop.) 27 May 2015
I directly filed one case u/s. 420 of IPC which was sent for inquiry by Police u/s.202 of Cr.P.c. and the Police Report was biased and hence negative and accordingly the Hon'ble JMFC Court dismissed the case.
What is the time limit for Appeal againt such Order
In uch Appeal, can I pray the Court to do inquiry by other Police Officer.
Guide,
Thanks
bsrao 27 May 2015
No appeal against acquittal in a complaint-case is maintainable to the Court of Session and for an appeal to High Court, the complainant is required to seek 'special leave' of the High Court under Section 378(4).
60 days from the date of acquittal order is the time limit for an appeal.
Dr J C Vashista (Advocate) 27 May 2015
You can move to the Sessions Court u/s 372 Cr.PC within 30 days of order.
T. Kalaiselvan, Advocate (Advocate) 02 June 2015
Yes appeal u/s 372 cr.p.c. can be filed before sessions court against the decision of the trial court.
Bhasin...... (ADVOCATE) 16 January 2018
No u may not appeal to sessions in pvt. complaint case as its unmaintainable. Your remedy is to approach HC under special leave..moreover in non-cognizable and bailable offence resulting in acquittal Single Judge Bench of Himachal High Court comprising of Ajay Mohan Goel, J., allowed a criminal revision petition holding that an appeal against an acquittal, where offences are bailable and non-cognizable, lies in the High Court and not in the Court of Sessions Judge (Criminal Revision no. 168 of 2010; date of decision March 16th. 2017 - Pushap & Anr. vs State of H.P.)
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