In Criminal Procedure Code (467 to 473) 'period of limitation for taking cognizance after the commission of offence' only.
Is there any time limit allowed for appeal in a sessions court for revision of a lower court order ? Can any one say whether there is any limit for appeal in sessions against lower court? Kindly help me as it is urgent.
what you are mentioning (section 467 to 473) is period of limitation for taking cognizance of an offence and not for others. Limitation period is different for appeals and applications. You are not clear whether you want to file an appeal or a revision. You have to choose either option.Secondly you cannot file revision against certain interlocatory orders. General limitation period for revision is 90 days. For appeals general limitation period is 30 to 90 days depending upon sentence & class of corut.
My complaint was against 4 and the Lower Court took cognizance against A1 only in its order on 19-01-2007. Then A1 went to HC and broought a stay and dragged till he died on 02-04-2008. Then on 09-04-2008, Hon HC dismissed his case as withdrawn, as per his lawyer's submission. Now, I wanted to proceed against others, because the offence is proved and I haven't got justice still. For this criminal revision appeal, is there a time limit to go to sessions? If it is there, how to apply for condoning the delay. If my lawyer was genuine, he would have guided me, challengd the order then and there, applied for caveat in HC, etc and would have easily won also. But considerations were different.
My another question is, if my revision petition is dismissed here in sessions, can I go to High Court against that order ? Thanks
What is the difference between appeal and revision ? Is there no difference between appeals of the complainant and that of the defendant. Former will be trying to hasten the process and the latter will be trying to delay, drag and derail the process of law. Isn't it.? Is there any earlier court order which has allowed the appeal even after the delay ?
Can you just tell in which section and where this is mentioned ? Since even some lawyers are struggling to find this out, it seems it is not highlighted anywhere. Now, another question. The lower court took cognizance of only A1, and it was enough to get justice at that time, so my lawyer didn't find the need to contest that order or even file a caveat. Due to my bad luck, A1 died after getting a stay and dragging for more than a year. Only after his death, the need for contesting the order has arisen. Is there a way out now ?
sifybird - you are right Cr.p.c. has not provided a period of limitation for filing revision petition.
However serial no. 131 of the scheule to the limitation act 1963 prescribing the period of limitation reads as follows:-
"To any court for the exercise of its powers of revision under the code of civil procedure 1908 or the Code of Criminal procedure 1898 - The period of limitation is 90 days (Ninty days from the date of the decree or order or sentence sought to be revised.
In view thereof the period of limitation for filing revision petition is 90 days and not 30 days.
How to apply for condoning the delay? Can the delay be condoned and under what circumstances ? As a victim, it appears to me that judiciary is more favorable to offenders.than victims. What prevents court orders to carry the expiry dates also at the end ? If the lawyer is ignorant or if he is not keen, the victim is put into serious disadvantage.
When the Hon megistrate asked me, whether I was sleeping all these days I was shocked. In fact I may not have got any sleep all these years, due to this case !