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M.RAMESH.NAIK (CEO)     05 September 2023

Serving of notice

is it necessary to serve notice to accused in application

under section 378(4) in high court



Learning

 2 Replies

Dr. J C Vashista (Advocate )     05 September 2023

Section 378 CrPC is to seek leave of High Court for an appeal against acquital of an accused, wherein there is no legal requirement to issue notice to accused.

However, on grant of leave to appeal the High Court shall direct to summon the accused.

Consult a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceedings, if there is some truth in the story.
 

Farheen Khan   05 September 2023

In accordance with section 378 of the CrPC, one must request permission from the High Court to appeal an acquittal of an accused. There is no legal obligation to provide notice to the accused during this process. However, if permission is granted, the High Court will order the accused to appear.


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