sreedhar (advocate) 23 February 2010
Dear Friends,
A person was charged for an offence U/s 420 IPC and he was acquitted by Chief Judicial Magistrate. The Police has filed an appeal before Principal District and Sessions court. Is it right? Which court is the appellate authority, High Court or Sessions court.Please reply with some judgments.
Feroz M Shafeeque (Police Officer) 23 February 2010
As per Section 378 of CrPC High Court is the appellate authority in case of acquital by lower courts.
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].
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