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?
RAJU (nil) 15 June 2011
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?
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