Appeal u/s 341 cr.p.c. in high court

Ajay Bansal (Querist) 12 August 2013 This query is : Resolved
Sessions Judge has dismissed my application u/s 340 Cr.P.C. Now I want to file an appeal against said order of Sessions Judge u/s 341 Cr.P.C. in High Court. Can any Expert tell me the period of limitation of said appeal.

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Devajyoti Barman (Expert) 13 August 2013
You better file revisional application in the high court u/s 482 crpc which has no limitation time but should be made within 90 days time.

Raj Kumar Makkad (Expert) 13 August 2013
I differ with the opinion of Barman. There is special provision of filing an appeal against any order passed undr section 340 of criminal procedure code and its limitation is 30 days.

Rajendra K Goyal (Expert) 13 August 2013
Agree with the expert raj kumar makkad ji. Nothing more to add.

Ajay Bansal (Querist) 14 August 2013
Where it is written that limitation of filing said appeal in High Court is 30 days. Please do tell.

prabhakar singh (Expert) 14 August 2013
In AIR MANUAL VOLUME governing limitation.

Why are you forgetting paths you know and use as advice 'see AIR MANUAL'

prabhakar singh (Expert) 14 August 2013
Anyway read Limitation Act DIVISION II

SL. NO. DESCRIPTION OF SUIT PERIOD OF LIMITATION TIME FROM WHICH PERIOD BEGINS TO RUN
SL. NO.114.
DESCRIPTION
Appeal from an order of acquittal, -
(a) under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure,1898;
PERIOD OF LIMITATION Ninety days

TIME FROM WHICH PERIOD BEGINS TO RUN The date of the order appealed from.
(b) under sub-section (3) of Section 417 of the that Code.
PERIOD OF LIMITATION Thirty days

TIME FROM WHICH PERIOD BEGINS TO RUN The date of the grant of Special leave.
SL. NO.115.
DESCRIPTION
Under Code of Criminal Procedure,1898
(a) From a sentence of death passed by a court of section or by a High Court in the exercise of its original Criminal Jurisdiction.
PERIOD OF LIMITATION Thirty days

TIME FROM WHICH PERIOD BEGINS TO RUN The date of the sentence
(b) From any other sentence or any order not being an order of acquittal -
(i) to the High Court
PERIOD OF LIMITATION Sixty days

TIME FROM WHICH PERIOD BEGINS TO RUN The date of the sentence or order.
(ii) to any other Court
PERIOD OF LIMITATION Thirty days

TIME FROM WHICH PERIOD BEGINS TO RUN The date of the sentence or order.

Guest (Expert) 14 August 2013
Previous reply of Shri Prabhakar ji bounces back on Shri Ajay Bansal's earlier style of replying queries.

I hope, besides having got resolved his problem, Shri Bansal would like to take the right cue why he needs to be serious in replies to queries of others.

Guest (Expert) 14 August 2013
I agree with the replies of S/Shri Makkad ji and Prabhakar Singh ji.

prabhakar singh (Expert) 14 August 2013
Thank you Dhingra Ji!

Guest (Expert) 14 August 2013
You are welcome Prabhakar ji.

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