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sec.378(i) &(iii)cr p c (Criminal Law)

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Author : Ladhu Ram Chowdhary

Posted On 27 June 2009 at 17:57

sec.378(i)&(iii)(After Amendment of Year 2005)-order of acquittal passed by a magistrate in a cognizable and non-bailable offence -Appeal against by complainant in sessions court lie or not ?




Expert : Kiran Kumar

Posted On 27 June 2009 at 21:51

appeal against acquittal still lies with the high court, with the leave of the court under S. 378 (iv) Cr.P.C



Expert : PALNITKAR V.V.

Posted On 27 June 2009 at 22:03

appeal lies to sessions court.See the amendment. The only condition is that the complainant must approach the District Magistrate for issuance of direction to the public prosecutor to file appeal.
2. Amendment of section 378.-In section 378 of the principal Act,-
(i) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) Save as otherwise provided in sub-section (2), and subject to the
provisions of sub-sections (3) and (5),-
(a) the District Magistrate may, in any case, direct the Public
Prosecutor to
present an appeal to the Court of Session from an order of acquittal passed
by a Magistrate in respect of a cognizable and non-bailable offence;



Expert : Kiran Kumar

Posted On 28 June 2009 at 06:32

Mr. Palnitkar, well amendment is there, m apprehensive whether this has been notified or not........because in P&H high court the old procedure is still being followed.



Expert : PARTHA P BORBORA

Posted On 28 June 2009 at 11:36

i do agree with Kiran Kumar as the old procedure is still followed by Gauhati High Court also.



Expert : deepak kumar

Posted On 30 June 2009 at 19:11

as it follows from the question the case is based on complaint and in that case section 378(4) will come into effect and a special leave petition has to be filed in High Court.


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