Dismissal of criminal appeal without arguments
Jeevan
(Querist) 21 August 2016
This query is : Resolved
Is it possible to get dismissal of criminal appeal without arguments especially when court has no jurisdiction in the matter?
As I posted in a separate thread, I got notice from session court on a criminal appeal against my acquittal. After help from experts here & discussing with my counsel, it's clear that session court has no jurisdiction and any such appeal has to be in HC.
Since this is the direction of supreme court, complaint argument really does not matter and hence me and my counsel are wondering how we present this case to request court to dismiss without hearing arguments from the appellant.
The motive of appellant is only to harass me and keep me occupied with legal process.
Thank you for your guidance
Devajyoti Barman
(Expert) 21 August 2016
Only at the time f final hearing in presence of both parties the court decide whether appeal is maintainable or not.'You can not avoid the due process of law merely because to you the appeal in non-maintainable in law.
Jeevan
(Querist) 21 August 2016
Devajyoti Sir, thank you for replying. I understand but why both parties requires when the mandate is from supreme court.
It's understanding of my counsel that the opposite lawyer has filed intentionally in session court so that they can delay the entire proceedings for couple of months to keep me engaged before further moving to high court. What is remedy in such case? Directly going to HC to quash appeal?
Raj Kumar Makkad
(Expert) 21 August 2016
The opinion of your lawyer is not questionable but the due process is that after appearance by the respondent (you), the case is fixed for the argument as no other proceeding has to take effect and thus you have opportunity to press the dismissal of the appeal on he sole ground that the same is not maintainable before Sessions Court as per judgment passed by Hon'ble Apex Court.
Jeevan
(Querist) 21 August 2016
Thank you Makkad sir.
Can it be bypassed by approaching HC?
adv.bharat @ PUNE
(Expert) 21 August 2016
You can not avoid the due process of law merely because to you the appeal in non-maintainable in law.
Jeevan
(Querist) 21 August 2016
Sir, anything wrong in exploring way to expedite as the intention is to harass? Already spent 8 years in getting acquittal in trial court where complaint deployed similar techniques.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 August 2016
Nothing wrong.appeal admissible at session court. Read crpc 372 properly or attend similar cases in other courts.or visit govt pleader who will explain.
Rajendra K Goyal
(Expert) 25 August 2016
Agree with the expert raj kumar makkad.
Dr J C Vashista
(Expert) 26 August 2016
I do not subscribe to the view of author.
If you have received notice from the Sessions Court, it implies that the court has jurisdiction to hear the appeal against acquittal and only after that it has issued notice to you (respondent).
Can you cite the judgment of apex court?
Guest
(Expert) 26 August 2016
I fully endorse the views of Dr. J.C. Viashista.
Further to that, if your counsel is wondering how to present the case, either your counsel is ignorant about the proceeses of the court or your query is of academic nature and you have added the context of a counsel just to hide the facts.
Jeevan
(Querist) 26 August 2016
Dr Vashista, here is the judgment https://indiankanoon.org/doc/107667489/
Ms.Usha Kapoor
(Expert) 18 June 2018
Agree with Expert Raj Kumar Makkad.
Guest
(Expert) 18 June 2018
There seems no sense and logic in agreeing with the advice of any expert after 22 months of solving the problem.
Guest
(Expert) 18 June 2018
There seems no sense and logic in agreeing with the advice of any expert after 22 months of solving the problem.
Guest
(Expert) 18 June 2018
There seems no sense and logic in agreeing with the advice of any expert after 22 months of solving the problem.
