R.SHAH (OFFICE STAFF) 26 August 2015

Criminal appeal against acquittal

hello all,

i need help, i and my family got acquittal from 498a case and now state file appeal against acquittal of ours before session court. however, summons/notice of appeal is served to me and not yet to my family members who reside on another address.

my queries:

1. we have furnish the pr bond before JMFC at time of acquittal judgment and in that we all have furnish our present address of residing. but the appeal consist of old address of my family members as per the addres mentioned in the judgment copy. I got notice of appeal on my same address but my parenst and relatives didn't recieved the notice yet. one of my sister servant inform that police has comes with some paper and asked about you after telling you was at school, they left. till date they did not return nor she ecieved any notice/summons from police. now almost 8 months over and i m alone was appearing in court on dates as per recieved notice. i m appearing but court clerk not asking me about others respondents nor court and clerk is not reponding to me as to see the court file is any report of police is submitted in respect of notice served to all respondnets.

Q. in this situation whether my parents and relatives need to appear in court or if they wait for notice served upon them ?

Q. court will issue any warrant only notice is served to them or any other action can be taken by court?

Q. what's as per law thta notice is served to be treated to respondents in appeal. ?

2. I appear on last couples of dates but not engage lawyer yet and want to defend that appeal in person.

Q. Is i have to file written reply to the criminal appeal of state ?

Q. I need to take surety bond ? and what's procedure to secure PR Bond respondent-acccused appearing in-person in the appeal against acquittal.?

Q. Court will heard argument before admission of appeal or this stage is gone now as notice is issued to me since it's state case. ?

Q. Can i mentioned all in my written reply to appeal pettition and file all certified copies of exhibited documents to dismissed the appeal in initial stage before calling record of trial court ? the state has prayed in the petition to call for record and paper of trial court?

Q. till date APP ( complainant onbehalf of state) not yet appear ? court will issued notice for appearance of APP?

3. the state in appeal mentioned that they have filed application for certified copy of judgment on 30.12.14 and certified copy recived on 21.01.15 and appeal file on 15.03.15 i.e. within limitation preiod. can you tell me why they got 21 days to get certified copy where i got within 7 days.

Q. How limitation period in this dates will be calculated and how much appeal days before session court against acquittal order u/s 498a etc... by JMFC. is ?

Q. Is state appeal is well within limitation period. ?

kindly give me yours valuable advise on above at urgent.

reagrds

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3 Replies

adv.raghavan (Advocate,9444674980) 26 August 2015

Your query is clear indication of confused mind, so it is better to engage senior counsel at the earliest, and defend the same. without going into the merits of the case and as per your version let me advice you briefly, 1, In appeal, generaly parties presence are not required. 2, It is advisable to engage a lawyer to defend you in appeal, party in person is not advisable, it may not yield desired results. 3, If you want to mark any additional document in appeal you can file the same under relevant sections of crpc i.e., 391 crpc 4, state has to appeal within 30 days from the date of order ,any further delay can be condoned after offering suitable reply for delay.

legaljoe68 (member) 28 August 2015

The court will hear the arguments at pre admission stage of appeal . if the court will deem fit then only the records will be called for .

normally the lower court order goes along , do not try to submit more evidences from your side ,

R.SHAH (OFFICE STAFF) 31 August 2015

some body told me that in case of state appeal the court normally issued the notice to respodnent accused. but i don't know after notice also the court will heard the argument for pre-admission of appeal. if it's then it will get dismissed at that stage only, because the appeal is file with order of lowercourt and from that itself i can prove the appeal is devoid of merit, the APP who file appeal onbehalf of state ( but i beleived upon instant of complaint lady only ythis appeal is file) till now i didn't see the appeallantpublic prosecutor on the date who file the appeal. what will the procedure and when he appears.

what fees the advocate charge for defending appeal in session court including me total 6 respondent -accused was there.