First convicted in criminal case(498a) in magistrate court, then went for appeal in Sessions court and now acquitted in criminal case in Sessions court.
If the complainant appeals in High Court against acquittal generally the time limit is 2 months for normal people and 6 months for public servant as per my knowledge.
APPEAL BY COMPLAINANT
- If the accused is acquitted in a case instituted upon a complaint the complainant may also file appeal against the acquittal after seeking leave to file the appeal.
- The complainant should seek the leave to file appeal within 60 days from the order of the acquittal. But in case the complainant is a public servant, the leave can be sought within 6 months from the order of the acquittal. The appeal has to be filed within 30 days after obtaining the said leave.
- If the complainant's application seeking leave to appeal is refused by the High Court, no appeal can be filed even by the state.
Here in my case complainant (wife) is a public servant (works in government department-- agriculture)
Now my doubt is-- 1) what does the word public servant actually refers to.
2) does my wife come under public servant category?
