Sir, 138 ni act , i was convicted in lower court
GIRI PRASAD SARMA
(Querist) 12 October 2013
This query is : Resolved
i was convicted in lower court for 1 year prision and 11 lakhs penaulty...on 6th September 2012., I was escaped from court., and my advocate applied for CA copies, but not given by the same court, and ordered either arrest or surrender in the court, then only CA copies will be issued.,
a complaint lodged for my escape from court in local police station, they are arrested me u/w 224 section for escape , it is bailable section., I got bail and come back...but, for appeal in district court we want that CA copy, I am goving to surrender before lower court shortly, after court vacations , after surrender if they issued my judgement copy , what is the time limitation for appeal ? in district court ?
Question is : Judgement copy not received and escaped from court on same judgement day... Hence , for appeal from date of judgement date or from the judgement copy received date ? which is valuable for appeal in district court is the matter. pl clarify....
Sarma
Devajyoti Barman
(Expert) 12 October 2013
I am nit sure how are surrender and certified copies are linked together.
There is no such law that you have first surrender and then apply for CC.
lingraj maradi
(Expert) 13 October 2013
sir,
there is no such provision only after arrest accused has to apply the certified copy tell me the name of the court and if you already applied the certified copy of the judgment and if you not received yet then limitation of the filing appeal will start from on the date of receiving certified copy of the same.
GIRI PRASAD SARMA
(Querist) 14 October 2013
1St Class magistrate Hastinapuram court, But, judge undergone for ego...feeling and after applying for CA copies he passed an order that either arrest or surrender in the court only i will issue the copies., But, police arrested me on 6th October 13 and i got bail on same date, But, police arrested me on escape grounds only u/s 224, But, court superintendent not given CA copies to police. He is complained against me reg.my escape from court. Now again i am going to surrender in court is the matter. Now how to deal my issue ? My advocate (1st one not having talking power/argument power , then case continued until final judgement, Now i was approached my Own High Court Advocate...But, there is some doubt about the right information in surrendering , appeal time and others....Hence, Now i understood that, after receiving the judgement copy only time limitation will starts...is it right ? What is next procedure , Pl explain....if u dont mind..
Raj Kumar Makkad
(Expert) 14 October 2013
On conviction, the copy of judgment is provided free of cost on the same day so limitation shall start from the very same day in your case.
