Appeal against aquittal after 15 months

Jeevan (Querist) 31 July 2016 This query is : Resolved
I was acquitted by trial court in 498a case in April 2015. My family was dropped from the charges in 2010.

I just came to know that my x-wife has filed an appeal against my 498a acquittal after 15 months of acquittal after I filed case against her under sec 211. I yet to receive summon though.

As per 378, no appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months. Is it applicable to district courts too?

Can you advice what are my options?

Regards

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Advocate. Arunagiri (Expert) 31 July 2016
Appeal against acquittal can be filed only in the High Court. Before admitting the appeal,

they have to file leave to file the appeal.

they have to file condone delay in filing the appeal.

condone delay in filing the leave to file.

You will get notice for all the above petitions. Take the help of an advocate and handle the case.

Jeevan (Querist) 31 July 2016
that's right sir but my question is on what bases appeal has been filed after 15 months. What are valid reasons for such a long condone delay?

venkatesh Rao (Expert) 31 July 2016
It can only be found out on going through the grounds urged in the application for condonation of delay. The apex court has condoned delay of nearly thirty years and did not condone delay of three days in another case. All depends on the facts and circumstances of each case.

Rajendra K Goyal (Expert) 01 August 2016
Basis / grounds / reasons / plea can be known only after going through the plaint and condonation of delay prayer.

Adv FAMILY COURT Misra (Expert) 02 August 2016
I ditto Adv R K goel.
Adv family

Guest (Expert) 02 August 2016
I also endorse the views of Shri Rajendra K Goyal.

Jeevan (Querist) 19 August 2016
Adv Arunagiri Sir, as per you, appeal against acquittal can only be filed in high court but this appeal has been filed in session court with following text which appears a bit misleading

"appeal shall lie to the court to which appeals ordinarily lies against the order of conviction of such court. The applicants submits that the appeal against the judgement of conviction passed by the lies to the Hon court of sessions. Hence the applicant is preferring the appeal against order of acquittal before this hon court"

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