n i 138
bhavin
(Querist) 26 February 2010
This query is : Resolved
dear sir
after metropolitan court judgment which court liable to appeal
bhavin
(Querist) 26 February 2010
please send me appeal chart of court
Sukhija
(Expert) 26 February 2010
Sessions Court
Sukhija
(Expert) 26 February 2010
against conviction sessions court n against acquittal high court
Parveen Kr. Aggarwal
(Expert) 27 February 2010
Sections 374 and 378 of the Code of Criminal Procedure, 1973:
"374. Appeals from convictions: (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person, -
(a) CONVICTED ON A TRIAL HELD BY A METROPOLITAN MAGISTRATE or Assistant Sessions Judge or Magistrate of the first class or of the second class, or
(b) Sentenced under section 325, or
(c) In respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, MAY APPEAL TO THE COURT OF SESSION."
"378. Appeal in case of acquittal:-(1) Save as otherwise provided in sub-section (2) and subject to the provisions of subsections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court 1[or an order of acquittal passed by the Court of Session in revision].
(2) In such an order of' acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into all offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the Provisions subsection (3), to the High Court from the order of acquittal.
(3) No appeal under subsection (1) or subsection (2) shall be entertained except with the leave of the High Court.
(4) IF SUCH AN ORDER OF ACQUITTAL IS PASSED IN ANY CASE INSTITUTED UPON COMPLAINT and the High Court, on an application made to it by the complainant in this behalf, grants, special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under subsection (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under subsection (2)."
Adinath@Avinash Patil
(Expert) 27 February 2010
GO THROUGH THE SECTION 374 AND 378 OF CODE OF CRIMIMNAL PROCEDURE.
Sachin Bhatia
(Expert) 27 February 2010
agree with Mr.Parveen and Mr.Adinath
ad. creaminall
(Expert) 27 February 2010
I agree with Mr.Parveen and Mr.Adinath.
or in short appeal against acquital shall move before high court and appeal against conviction move before session court.
