is it necessary to serve notice to accused in application
under section 378(4) in high court
M.RAMESH.NAIK (CEO) 05 September 2023
is it necessary to serve notice to accused in application
under section 378(4) in high court
Dr. J C Vashista (Advocate ) 05 September 2023
Section 378 CrPC is to seek leave of High Court for an appeal against acquital of an accused, wherein there is no legal requirement to issue notice to accused.
However, on grant of leave to appeal the High Court shall direct to summon the accused.
Consult a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceedings, if there is some truth in the story.
Farheen Khan 05 September 2023
In accordance with section 378 of the CrPC, one must request permission from the High Court to appeal an acquittal of an accused. There is no legal obligation to provide notice to the accused during this process. However, if permission is granted, the High Court will order the accused to appear.