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Shaminder Singh
in Criminal Law Civil Law Civil Procedure Law
Asked June 07, 2017

Time involved in appeal of a judgment by civil judge

  • 1 Answer
  • 222 Views

My case has been disposed on 06-04-2017 but copy is ready delivery date on 17-05-2017. In this order all member are acquitted.this is a state vs criminal case case is very old from 2005 this order is generated by civil judge. I want to know how much time is involved in appeal for state.

Answer 1

 

 

 

Dear Sir/madam,

 

The time period that is granted by the statute for making an appeal before the sessions court is 30 days, however, this limitation gets extended to High Court when the appeal from the sessions court is maintainable before the High Court. Section 378 of The Code Of Criminal Procedure, 1973 is the desired provision to look at. The section talks about Appeal in case of Acquittal. The concerned sub-section(1) is as follows : “Save as otherwise provided in sub- section (2) and subject to the provisions of sub- sections (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 2 or an order of acquittal passed by the Court of Session in revision.”

In certain circumstances, the person making appeal can approach the Hon’ble High court to get issued directions for the lower court to take cognizance of the matter.

But before approaching any authority, do read the order of the acquitting court by taking a certified copy of the Order thus issued.

Agree Comment 0 Agrees over 3 years ago

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