can appeal u/s 340 Cr.P.C. be decided seperate from main appeal in seperate court.
Sangramsinghrana
(Querist) 12 October 2010
This query is : Resolved
Dear expert,
in a criminal trial, 9 applications u/s 340 Cr.P.C. is filed by accused, conviction of accused upheld in said case, accused has filed appeal against conviction which was assigned to court of ADJ(1), after 4 months the applications filed u/s 340 Cr.P.C. was dismissed by 9 seperate order, 9 appeal u/s 341 Cr.P.C. was filed which was assigned to different two court from the court in which main appeal is pending, application was moved to transfer all the appeal i.e. all appeal be transffered to the court where main appeal was pending but application was withdrawn as session court verbly stated that application was decided vide seperate order and seperate appeal was filed being this reason they can be decided seperately. after one year,judge has been changed and he asked the appellant to transfer all the appeal in one court.whether after one year it is possible and if possible then what is the procedure and whether all appeal can be decided seperately.
Uma parameswaran
(Expert) 13 October 2010
With the permission of the Court you can do.
Advocate. Arunagiri
(Expert) 14 October 2010
You have said that 9 applications u/s 340 cr.p.c. was filed by accused and dismissed and the appeal u/s 341 is pending. The superior court cannot hear and decide all the appeals (i.e.)the appeal against conviction and the appeal u/s 341 cr.p.c. Those two are having different cause of action and different grounds for appeal.
Even if the accused looses in the appeal, he can succeed in the 341 cr.p.c. which was initiated against the prosecution witnesses.
