Maintainability of criminal appeal before session court after acquital of accused inpvt complaint
VISHNU
(Querist) 25 October 2013
This query is : Resolved
Sir
1. Complainant filed pvt complaint before JMIC AND ACCUSED ACQUITTED. AFTER COMPLAINANT FILED LEAVE TO APPEAL BEFORE HIGH COURT WHO DISPOSED BY SAYING THAT DUE TO AMENDED PROV OF 372 Cr pc appellant has LIBERTY TO APPROACH TO SESSION COURT first. Complaint filed appeal in Session court and court framed issue of limitation because petition filed before is time bare 300 days above. evidence on application by both side on con-donation of delay is over. Session court is not inclinded to hear argument on condonation of delay by saying that due to full bench judgment the appeal is not maintainable as lies to high court. Query are
1. whether it is necessary to ask to court by putting application to decided limitation before final disposal of case . Appeal was also time bar at High court which is not decided by high court while disposing the appeal by order.
2. Petition maintainability is before limitation or after deciding limitation. Time bar appeal is no appeal in eyes of law unless decided.
submitted for early reply
Devajyoti Barman
(Expert) 25 October 2013
1. File condonation of delay petition. It would be allowed. Do not worry.
2.After limitation petition is heard.
VISHNU
(Querist) 22 November 2013
To all advocates who commented:
The answer given by first expert in his supreme wisdom is not correct because of following:
(a)It was stated that file con donation of petition, it will be allowed. In my query it is very well written in7/8 line therein which means that application of condonation of delay is already there. Pls reconcile. Also add query point 3 -whether Jurisdiction of court as well as point of Limitation/time bar both come under maintainability of appeal before session court.
Devajyoti Barman
(Expert) 22 November 2013
Since you seem to have better knowledge than experts here, you take your own decision.
