challenge district court judgement in upper court

kanti kumar (Querist) 05 March 2010 This query is : Resolved
If the accused got released in 498a cases by district court order then what is the procedure and time duration to challenge the order in upper court and which is the next court after district court in which we can challenge the order and please also tell what steps to be taken during the appele if any .
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B K Raghavendra Rao (Expert) 05 March 2010
Your question is an imaginery one. 498a cases are tried in Magistrate's case and not district courts (meaning civil courts) and if the accused is released then the prosecution has to file an appeal in the High court.

If the appeal is filed, the accused has to defend appropriately.

Raj Kumar Makkad (Expert) 05 March 2010
I think, the accused has been acquitted in appeal by District/Sessions Judge Court. In this case State can file an appeal but if the case was a private complaint then appeal can be filed by complainant before High Court within a period of 60 days after obtaining the certified copy of order of Sessions Judge. Certified copies of all relevant documents should also be obtained and a counsel at High Court should be engaged and rest action has to be performed by him.

Guest (Expert) 05 March 2010
A little bit differ view.... the appeal of acquital under section 498 A 'll lie in sessions court not in high court reason is... the offences are cognizable and non bailable.

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