wrong Appeal Procedure
vignesh Achar
(Querist) 17 April 2011
This query is : Resolved
Hi,
In one of the State appeal against Acquittal under section 378 of Cr.P.C, the prosecution instead of obtaining sanction/direction from the District Magistrate, have followed the old procedure (Prior to Amendment) of obtaining permission from the State.
Now i am thinking of challenging the maintainability of the Appeal on this ground. i am looking forward for good citations if any on this topic. Pls enlighten me.
THANKS IN ADVANCE.
indrajit mukhopadhyay
(Expert) 17 April 2011
2010 scc criminal. you definitely can challenge on the ground of maintainability.But mind you if the said appeal has got a merit then court will direct to rectify the procedure,because this is mere irregularity.
Advocate. Arunagiri
(Expert) 17 April 2011
It is mere irregularity, and can be cured at any time.
