Trail court acquitted in 498a case
hemantha
(Querist) 06 May 2011
This query is : Resolved
sir, 498a case acquited in metropolital court (trail court) is it possible to appael against acquital apply to addl session court instead of high court in bangalore for appeal 1.lawyers tell yes i.e complainant take pp permission and apply with private lawyer to appeal as appeal section is amended 2.some lawyers tell no it is state case pp as to give merits for appeal to law dept and finally law dept proceed to high court for appeal which is correct
kranthi kiran
(Expert) 06 May 2011
By seeking the permission of the Govt/law dept, PP has to file appeal. The defact-complainant is not eligible to prefer appeal in criminal cases
PARTHA P BORBORA
(Expert) 06 May 2011
yes, you have to take the permission of the Law dept and if there is sufficient grounds for an appeal the PP will file the same.
M/s. Y-not legal services
(Expert) 07 May 2011
Yes.. The defacto complainant can't move appeal.. If they want mean can file a intervene petition.. Thats it..
Vijyant Nigam (09807349001)
(Expert) 07 May 2011
all criminal cases are state case...
this is how family matters became state issues...
ha ha..
hi tom hw r u?
Kanhaiya Singh
(Expert) 08 May 2011
Hi,
Before the Amendment of 2005 in the Cr.P.C. all appeals against acquittal was to be filed before the Hon'ble High Court only. However, now an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence (like 498-A IPC) filed on a police report would lie to the court of Session, and the District Magistrate will be authorised to direct the Public Prosecutor to file such appeals (Sec.378.1.a of the Cr.P.C.). In respect of all other cases filed on police report, an appeal against an order of acquittal passed by any court other than the High Court, should lie only to the High Court and the authority to direct the Public Prosecutor to present an appeal shall continue to be with the State Govt.
If 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 (Sec.378.4 of Cr.P.C.)
Arun Kumar Bhagat
(Expert) 14 May 2011
I differ from all above referred experts' views. As per Sec. 372 proviso of Cr. P.C which came into existence in year 2010 by amendment not only defacto-complainant but also any aggrieved person can file appeal before the court of Sessions Judge against the judgement and order of Judicial Magistrate.
