Appeal against acquittal in pvt complaint is maintainable before sessions court
vinod bansal
(Querist) 14 October 2011
This query is : Resolved
R/Expert Members
Appeal against Acquittal in pvt complaint is maintainable before sessions court or not,kindly enlighten me on this point.Regards
Shonee Kapoor
(Expert) 14 October 2011
Yes, with the leave of the court
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
jatin sharma
(Expert) 14 October 2011
hi, its depend on your argument or evidence,which is not clarify by the competent court.
in appeal the Q of law is very important.
ajay sethi
(Expert) 14 October 2011
Crpc Sec378. Appeal in case of acquittal :--(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court, or an order of acquittal passed by the Court of Session in revision.
(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the high Court from the order of acquittal.
(3) No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
ajay kumar mishra
(Expert) 15 October 2011
In my view appeal in pvt complaint against acquittal does not lie in Secession judge but it lies before the Hon'ble High court if the Hon'ble High court allow special leave for the same.
Advocate Bhartesh goyal
(Expert) 15 October 2011
yes in your case appeal will lie in High Court with special leave u/s 378(4) Cr.P.C.
prabhakar singh
(Expert) 15 October 2011
I agree with common opinion expressed here correctly.
Arun Kumar Bhagat
(Expert) 15 October 2011
I differ with all experts' views. Session Court is the competent forum and no leave is required. See section 372 Cr.P.C proviso amended in 2010. System of filing appeal with leave before High Court has become outdated. Only the State can prefer the same before High Court in State Cases but here the query pertains to Pvt. Complaint.
ajay kumar mishra
(Expert) 15 October 2011
Respected Mr. Bhagat,
I am totally agree with you and I withdraw my previous opinion with apology and want to only add that the said amendment was in 2009 and it is effecting from 31/12/2009.
Arun Kumar Bhagat
(Expert) 16 October 2011
There is no reason for apology. Everyday we are learning from each other. I am also learning Civil laws from this site from the replies forwarded by Mr.Prabhakar Singh, R. Ramchandran, P.S.Dhingra, Ajay Sethi and others.
ajay kumar mishra
(Expert) 17 October 2011
Thanks!Arun ji. Iam also agree that this site is very useful for us to exchange views and to learn from each other.
