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idiotsociety (Private Business)     29 August 2016

Appeal time after acquittal

Hi Guru's,

    I am acquitted in 302/304b on 15th March, 2016 and collected the certified judgement copy on 15th April, 2016(after a month).

    How can I know that opposite party had gone for appeal or not? any where online?

    What is the criteria for appeal? What will be the time line for appeal for the opposite party? any grace time period?

    Since when, time needs to be couted? from date of judgement? or from date of their collection of certified copies by opposite party? as already said we collected certified judgement copies 1 month after day of pronouncment.

Thanks,

IS

 

 



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     30 August 2016

Sir,

 

File the caveat. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kunal Godhwani   30 August 2016

They can file even after expiry of limitation with condonation of delay application and time taken for obtaining certified copy is exempted from computation of limitation period. if you want to know whether they have filed an appeal or not then file a caveat. if you think they have already move in an appeal then go to respective hc website and search option would be available.

ADVOCATE NITIN KAPOOR (Advocate)     30 August 2016

Time period for filing the appeal against acquittal is 90 days as per Article 114 of Limitation Act, 1963.

Regards,

Advocate Nitin Kapoor

Mob: 8800692624. 

Sidharth   30 August 2016

I agree with Mr Reddi caveat can  be filed in civil cases only but i some high court of the country also accepting caveat in criminal cases because SC is accepting but as per my knowledge if you are living in delhi. Delhi HC is not accepting caveat.

 

I think you should check on courts' website.

P. Venu (Advocate)     30 August 2016

Appeal, in the instant case, is to be filed by the State/public prosecutor. The delay could be condoned if sufficient cause is shown. There is nothing to be achieved by filing a caveat, even if permissible or by keeping watch over the cause lists in the High Court. Let things take their course!


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