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Pradip Bajaj   14 August 2016

Filing criminal appeal

Dear Experts,

I want to know, the limitation for filing criminal appeal petition before the Sessions Court, when the Criminal revision petition filed to the sessions court is rejected/ not admitted mentioning as "when there is provision for appeal, revision petition cannot be maintained". In limitation act it is not clearly mentioned. 

Thanx in advance.



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     14 August 2016

Answer is given.

Author need not to repeat the same query again.

Sidharth   18 August 2016

Originally posted by : Pradip Bajaj
Dear Experts,

I want to know, the limitation for filing criminal appeal petition before the Sessions Court, when the Criminal revision petition filed to the sessions court is rejected/ not admitted mentioning as "when there is provision for appeal, revision petition cannot be maintained". In limitation act it is not clearly mentioned. 

Thanx in advance.

Appeal can be filed within 30 days and after that you can file application of condonation of delay if judge satisfied with your reason of delay he will hear the case else not

Revision can be filed within 60 days 

there is no specific provision that if appeal provision is avialable revision cannot be filed

Pradip Bajaj   19 August 2016

What Section 401(4) speaks. When Appeal lies no Revison can be filed or accepted.

Time limit for filing Revision or Appeal against the Judgment of the Trial Court is 30 days. The Revision is filed on 30th day. And if the Revision filed erronously and rejected subsequently on the 39th day from the order of the Trial Court, what shall be the time limit for filing Appeal against the Judgment of the Trial Court. Is there be required to file condonation prayer for delay? Under what section of the Limitation Act, is it required? 

Thanks in advance to the Experts.

Sidharth   19 August 2016

Originally posted by : Pradip Bajaj
What Section 401(4) speaks. When Appeal lies no Revison can be filed or accepted.

Time limit for filing Revision or Appeal against the Judgment of the Trial Court is 30 days. The Revision is filed on 30th day. And if the Revision filed erronously and rejected subsequently on the 39th day from the order of the Trial Court, what shall be the time limit for filing Appeal against the Judgment of the Trial Court. Is there be required to file condonation prayer for delay? Under what section of the Limitation Act, is it required? 

Thanks in advance to the Experts.

It simply means party can either appeal or file revision not both at same time. it is upon the party to choose which relief he/she required.

you can file condonation of delay with the reason that you have filed revision  before that so legally not possible to fie appeal within 30 days.

Condonotion of delay can be filed u/s 151cpc.

its only like explaination that why you are late in filing appeal??


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