LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAJU (nil)     15 June 2011

Time limit for filling SLP(Crl) in SC

Sir plz suugest

Whatt is the time limit for  an appeal to be filed by State  in Criminal case(Auittal by High court) in Suppreme court?and

If appeal/Slp not filed by state within the time, Does  Hon'Ble SC consider/admit  the case as delay condoned?



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     16 June 2011

90 days from the date of the order excluding the period taken in obtaining certified copy.  Generally State will always file their SLP with delay and with condonation of delay application and generally it is condoned if it is not extraordinary delay.  But the most important thing is about the merits of the case.  If the case is meritorious one, ja long delay also will be condoned in the interest of justice.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     17 June 2011

Dear Querist,

 

Please note that it is a 90-day period of limitation for filing a SLP before Hon'ble Supreme Court from the passing of the impugned order (order under challenge passed by the High Court). However, delay, if any, caused by the State in filing SLP may be condoned if the State, on application, can satisfy the Hon'ble Suppreme Court that there exists sufficient and reasonable grounds to get the such delay condoned.

 

However, if you are apprehensive, you may file a Caveat Petition before the Suppreme Court so that no order is passed in the matter except a prior notice to you. This would help you in effetively monitoring and managing the case.

 

Trust this would suffice.

 

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register