appeal
Chiragkumar Pipalia
(Querist) 09 January 2010
This query is : Resolved
Dear Sir,
I am preparing to start practise in highcourt. I wish to file application against order of acquittals by sessions court. In such cases the state has to file appeal, but in some cases state does not file appeal, so private persons file revision against the order of acquittal. But when state has already filed appeal against order of acquittal, how a private person(aggrieved) join or be a party to such appeal?
Next, when private person has filed revision, can state file appeal for the same matter?
Pls. let me have useful guidance from our expert as I am about to start my hc practice.
Thanks,
Chirag Pipalia,Adv.
Raj Kumar Makkad
(Expert) 10 January 2010
You can file a vakalatnama on behalf of the complainant in the appeal case filed by State.
State has not to seek any permission from the complainant and right to State is not confined to the mercy of the complainant. Even if complainant has chosen the way of revision even then State is free to file appeal against the judgment of the lower court.
It shall be better if the complainant join the appeal case rather separately filing revision.
Guest
(Expert) 10 January 2010
My response is as follows:
1. In appeal, reappreciation of evidence will be possible. Hence, file a vakaltnama on behalf of complainant.
2. To avoid any possibility of collusion of State with the accused, file a revision, which has got limited jurisdiction and at the time of notice, submit the Court that the revision petition may be tagged along with appeal, on which notice has already been issued to the accused.
Wish you best of luck.
Sukhija
(Expert) 13 January 2010
I agree with expert prabhakar
