Crpc 138

Querist : Anonymous (Querist) 28 October 2020 This query is : Resolved
Where to appeal against an order under section 138 Crpc

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This discussion clarifies the correct procedure for appealing an order under Section 138 of the CrPC. If the accused wishes to appeal, they must file before the Session Judge under Section 372 of the CrPC. However, if the complainant is filing the appeal, jurisdiction lies with the High Court under Section 378(4) of the CrPC.

Dr J C Vashista (Expert) 29 October 2020
High Court under Section 482 CrPC

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P. Venu (Expert) 29 October 2020
What are the facts? What is the context?

Advocate Bhartesh goyal (Expert) 29 October 2020
If accused wants to file appeal then he has to file before Session Judge u/s 372 of Cr.P.C and if complainant has to file then jurisdiction lies before H.C u/s 378 (4) Cr.P.C.

Advocate Bhartesh goyal (Expert) 29 October 2020
Sorry mistakenly posted.

Rajendra K Goyal (Expert) 29 October 2020
Please state clear material facts of the problem.

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