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.

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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.