Appeal
rAJAN
(Querist) 21 November 2009
This query is : Resolved
sir,
i have file appeal against the aquittal order under section 420 .in this case there are two accused.
but in appeal i gorgot to metioned the name of one accused, now can i file the amended appeal or can i make an application for the inclusion of other accused.
appeal filed by me is in time but now time limit is expired,
pls give me solution along with case law.
thanks and regards
Raj Kumar Makkad
(Expert) 21 November 2009
Mr. Rajan! Where have to filed an appeal against acquittal and further that whether the original case was State case or complaint?
I am asking these questions because there are very important to reply.
Under section 378 (4), appeal against acquittal can be filed only before High Court after obtaining special permission and there is no provision for filing the appeal before Sessions Judge. If appeal has been filed before HC, the limit in case of public servant is 6 months and in case of other accused it is 60 days from the date of the pronouncement of order.
State of Haryana versus Shibu alias Shiv narain 2008 (3) RCR (Criminal) 951 (SC)
