appeal/revision against acquittal
vinod bansal
(Querist) 24 April 2009
This query is : Resolved
R/All
I filed a private criminal complaint in magistrate case uss 323/452/506 IPC in which accused were acquitted now i want to file an appeal/revision against this acquittal,what is provision & i have to move directly in highcourt as it is a complaint (acquittal) case or i can file appeal/revision before sessions court.Thanks
Kiran Kumar
(Expert) 24 April 2009
appeal against acquital lies before Hon'ble high court only, for that the leave of court is necessary under S. 378 of Cr.P.C
and for revision before the high court pls refer to S. 401 of Cr.P.C
as far as sessions court powers in this context are concerned, amendments were made in the Cr.P.C but not yet implemented.
adv. rajeev ( rajoo )
(Expert) 24 April 2009
I think appeal lies with the Dist., Court.378(4) of Cr.p.c.It reads as under:
If such an order of acquittala is passed in any case instituted upon cojmplaint and the high courty, on an applicaton made to it by the complainant in this behalf grants specifal leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
MANISH
(Expert) 26 April 2009
Dear friend,
You may file an appeal/revision before the Sessions court only.
