Period of limitation for appeal against the discharge
Tripathi
(Querist) 29 April 2020
This query is : Resolved
Dear Sirs,
First, we wish to thank this eminent forum for giving good guidance to the general public.
My husband was falsely implicated U/s 354 (c), 354 (d), 506 & 509 by our neighbor who made illegal constructions.
We won the civil suit and aggrieved over this he filed the false FIR using his clout with the local police.
We went to the High Court for quashing but the Court advised us to present our case in the trial court at the time of framing of charges.
The trail went on for five years. The charges were termed as "prima facie no case is made out against the accused in all these sections" and my husband was formally discharged at the time framing of the charge.
We are sure the neighbor will appeal against the judgement of the Trail court. Kindly advise us on the following questions:
.1. What is the limitation period to appeal against the Judgement of the Trail court on the above sections if our neighbor makes an appeal?
2. Which court they will file the appeal - Sessions or High Court?
3. The Judgement was delivered on 10th March 2020 - few days before the lock down period.
Whether the lockdown period will be counted in the limitation period or will be excluded?
4. Whether anything needs to be done by us to prevent the appeal in the higher court?
5. Can we file a case against them for lodging false FIR and made false Statements given to the IO u/s 161and also file defamation suit?
Kindly advise please.
with namaskar,
Mrs.Tripathy
Now, we wish to know what
Raj Kumar Makkad
(Expert) 29 April 2020
1. 30 days but revision is applicable and not appeal, however, if filed belated, the delay can be condoned subject to justifying reasons.
Raj Kumar Makkad
(Expert) 29 April 2020
2. Revision petition in the given case shall lie before High Court.
Raj Kumar Makkad
(Expert) 29 April 2020
3. As per recent judgment of Hon'ble Apex Court of India, the lockdown period shall be excluded in all cases all over India.
Raj Kumar Makkad
(Expert) 29 April 2020
4. You may file a caveat before High Court so that you may be heard before any relief is provided to the opposite party.
Raj Kumar Makkad
(Expert) 29 April 2020
6. This is not an appropriate stage for such initiation. Wait for the period of the revision and its outcome, if filed.
Dr J C Vashista
(Expert) 30 April 2020
Since the case was being tried by Magistrate first class revision petition shall be taken up by Sessions Judge within 30 days of discharge of the accused, on charge, if the State or victim moves in revision.
The period of procurement of certified copy shall be excluded and delay in filing the petition during lockdown shall be condoned on an application.
Hemant Agarwal
(Expert) 30 April 2020
Logical advise by Dr. J.C.Vaishista, in a "SINGLE POST", unlike others.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Rajendra K Goyal
(Expert) 30 April 2020
You said.
1. What is the limitation period to appeal against the Judgement of the Trail court on the above sections if our neighbor makes an appeal?
You said.
Revision petition can be filed by state in 30 days. Period for taking copies of decision would be extra.
2. Which court they will file the appeal - Sessions or High Court?
Reply:
Revision would be filed in Session Court.
Rajendra K Goyal
(Expert) 30 April 2020
You said.
3. The Judgement was delivered on 10th March 2020 - few days before the lock down period. Whether the lockdown period will be counted in the limitation period or will be excluded?
Reply:
Lockdown period would be excluded.
You said.
4. Whether anything needs to be done by us to prevent the appeal in the higher court?
Reply:
File caveat before the court, your side would get the chance of hearing.
Rajendra K Goyal
(Expert) 30 April 2020
You said.
5. Can we file a case against them for lodging false FIR and made false Statements given to the IO u/s 161and also file defamation suit?
Reply:
Wait till revision / appeal time is over.
P. Venu
(Expert) 30 April 2020
You can file an action for malicious prosecution. But wait and watch. Sometimes, silence borne of compassion for the wrong doers is the best consolation for the sufferings they had tried to inflict.
Rajendra K Goyal
(Expert) 01 May 2020
It is better to initiate your action for defamation against them. Discuss in detail with your lawyer in detail before initiating.
Raj Kumar Makkad
(Expert) 01 May 2020
Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC) and is closely connected to the section 499 of the IPC, another crime of defamation. Either or both criminal and civil cases can be filed against any malicious case once the malice in the case is clearly established. You can file a criminal complaint for initiation of this action.
Rajendra K Goyal
(Expert) 02 May 2020
Defamation case can be filed under both category, criminal and civil.
You are advised to proceed criminally.
Raj Kumar Makkad
(Expert) 02 May 2020
Civil remedy of seeking compensation shall require court fee also.
Rajendra K Goyal
(Expert) 03 May 2020
Author need to discuss in detail with his lawyer how, when and what (criminal or civil) case need to be filed against him.
