Appeal against dismissal of AB petition

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
AB petition dismissed in the Sessions Court. Whether appeal lies in High Court or fresh petition u/s 438?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 09 January 2011
You can go upto SC in this matter.

Arun Kumar Bhagat (Expert) 09 January 2011
On merit dismissed ---High Court.

On technical ground--Sessions court.

In second petition, dismissal of previous petition must be mentioned.

Querist : Anonymous (Querist) 09 January 2011
ABP dismissed on merits, Whether the second petition (not an appeal) can be filed in HC by mentioning the previous petition's status.

Vijayendra Navale (Expert) 09 January 2011
Ya u can file AB in HC, or u can file after the filing of charge sheet. Viz under changed cirumstances.

Amit Minocha (Expert) 10 January 2011
appeal lies in HC

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