Exact procedure for the second appeal before a high court

Sumiteshwar Choudhary (Querist) 14 September 2015 This query is : Resolved
If an accused got convicted u/s 279/304A IPC, 1 year of imprisonment and 10,000 fine by MM. Sessions Court dismissed the appeal. Now, what is the exact procedure to knock the doors of High Court as I have heard a second appeal is not maintainable in criminal cases? Please advise at the earliest. Please cite case laws in support if possible.

Follow Query

Report Abuse

R.K Nanda (Expert) 14 September 2015
take help of local lawyer .

rajagopal.s (Expert) 14 September 2015
Please file a criminal revision application under Section 397 read with Section 401 of the Code at the high court.

Rajendra K Goyal (Expert) 14 September 2015
Consult some senior lawyer and show him case file and decisions.

Sumiteshwar Choudhary (Querist) 14 September 2015
I have heard that 397/401 applies to cases where there is no appeal by statue. How true is this/ Can we move under Article 227 read with section 482 CrPC?
I am practicing lawyer myself, by the way. I got two different opinion from my serious coulleagues. A few says need to go 397/401 CrPC while a few suggest article 227 read with 482 CrPC. Those who have experience of this situation, please guide me.

Sumiteshwar Choudhary (Querist) 18 September 2015
I inquired about this technical problem from many experienced advocates and came to the conclusion that it is advisable to move under Article 227 read with Section 482 CrPC. This is a prevalent way to go specially in Delhi High Court.
Sadly, I got no correct answer from many so-called "experts" here.

T. Kalaiselvan, Advocate (Expert) 25 September 2015
It is not necessary all the experts are to be well versed with all the subjects, however you being a lawyer you could have found the answer from the brethren in the local bar itself.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now