Appeal provision
venkatesh Rao
(Querist) 21 August 2013
This query is : Resolved
Dear experts,
A case under prevention of corruption act ended in conviction of an accused government servant. single judge High court set aside the conviction. There are very good grounds for further appeal.The state complainant is managed not to proceed further, i. e. to appeal further or not.
Now my question is ;
1. Whether any appeal or revision lies?
2. If yes, before which court?
3. If the govt chooses not to appeal, if a third private party file any appeal showing glare miscarriage of justice?
4. under which provision of Cr.P.C. or any other law?
Thanx in advance.
Deepak Nair
(Expert) 21 August 2013
An appeal can be filed against the order of setting aside the conviction.
Appeal can be filed before the Supreme Court.
A third party cannot file an appeal, only the responded i.e. the government can filed the appeal.
R.K Nanda
(Expert) 21 August 2013
file SLP in Supreme court of INDIA.
