Criminal appeal
S. S. Rathi
(Querist) 16 December 2017
This query is : Open
res sir
i want to know how ill challenge the impugned order passed by Hon'able High Court DIVISION BENCH. Whether i ll file revision application / review application / Appeal before High court OR file appeal / SLP at Supreme Court .
And what is time limit to challenge the order passed by Division bench in criminal writ petition in which i was respondent party in person.
thanks
Guest
(Expert) 16 December 2017
Generally a Review Petition is available only on the grounds such as an error apparent on the faces of record
Guest
(Expert) 16 December 2017
Even after filing the Review Petition you could move to Supreme Court basing on the result..
Guest
(Expert) 16 December 2017
Mostly the Review Petitions would be heard by the same Bench which had heard the case and there should be very highly valid points in Review Petition to succeed in High Court.
Guest
(Expert) 16 December 2017
Other wise approaching Supreme Court would be the only Remedy Please
S. S. Rathi
(Querist) 16 December 2017
Thank you very much sir, pls also guide in supreme court i'll file SLP or Appeal. And what is time limit for high court review and time limit for supreme court. (Present order by division bench in Cr. Writ petition)
Guest
(Expert) 16 December 2017
SLP- Special Leave Petitiom- To be filed in Supreme Court against the Orders of High Courts
Guest
(Expert) 16 December 2017
In criminal cases where death sentence is not involved the SLP to be filed with in 90 days of judgement in High Court
Guest
(Expert) 16 December 2017
Time limit for filing Review Petition in High Court is 90 days.
N.K.Assumi
(Expert) 17 December 2017
In addition to expert N.J.S.Rajkumar @ narasimha, Narrate in brief what is the impugned order,, and why you want to challenge. Please also note that, as per section 393 crPc, there is finality of judgment passed by the Appellate Court on appeal, except in case falling under 377, 378 (4) and 384 of chapter XXX of the CrPc, and Review under 362 is limited.
S. S. Rathi
(Querist) 05 January 2018
I was file complaint under 156 (3) 420,469,470,471, etc and defendant file criminal writ petition before High Court for Quashing FIR, i was represent party in person and file by written argument with citations but court not taken on record nor consider the same, while other side receive copy in court room and division bench also read my written argument in court room. FIR Quash against petitioners. Pls guide sections for review/revision before High Court, and time limit
