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

This query is : Resolved 
 

(Querist)
27 June 2009

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 ?


Kiran Kumar (Expert)
27 June 2009

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

PALNITKAR V.V. (Expert)
27 June 2009

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;

Kiran Kumar (Expert)
28 June 2009

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.

PARTHA P BORBORA (Expert)
28 June 2009

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

deepak kumar (Expert)
30 June 2009

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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