Appeal of revisionary order
KD
(Querist) 29 May 2018
This query is : Resolved
Can we go in appeal in the High Court against the order of revision by the sessions court. and what is the time limitation.
Also please let me know the time limitation for filing special appeal writs after the order of writ in SB
Ms.Usha Kapoor
(Expert) 29 May 2018
Article 115 of schedule of limitation Act provides 1 month of limitation period from criminal Revision case which resulted in conviction to appeal in sessions court a period of 1 month to file Appeal to sessions court against the order of Criminal Revision which resulted in conviction.
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• I must stress that appeal against a judgment of conviction is a matter of right. secondly, appeal is a continuation of trial and all the evidence led before the trial court has to be reconsidered by the appellate court. therefore, you have all the opportunity to point out lacunae in the prosecution evidence. Cardinal principle is that the prosecution must prove its case beyond reasonable doubt. section 392 Crpc also enables you to place on record material evidence at the stage of appeal also.
• From what I can understand, the question is referring to what is an Intra Court Appeal where you want to appeal to a larger bench of the same High Court-
• Time Limit is 30 days.
• Letter Patents Appeal (LPA) is an appeal from a decision of a single judge to another larger bench of the same court. It was a remedy provided when high courts were first created in India by Letters Patent in 1865. It is the only remedy available against the decision of a single judge of the high court, otherwise the remedy would lie with the Supreme Court.The 2nd para deals with Writs and Writ appeals.
Dr J C Vashista
(Expert) 29 May 2018
Fake opinion/advise by an impersonating expert.
P. Venu
(Expert) 29 May 2018
What are the facts? What is the issue?
P. Venu
(Expert) 29 May 2018
What are the facts? What is the issue?
KD
(Querist) 04 June 2018
Sir, some persons have filed a false case u/s 156(3) and the court sent the matter to Police who made inquiries and submitted a final report unoccurred. The complainant then filed a protest application and made statements incourt and the court took cognigence u/s 323, 451 and 504 agains which we filed a revision and the revisionary court accepted our revision and directed the trial court to consider all the evidence available on the file including the cctv footage and mobile records and then pass a speaking order and in case the trial court should record reasons for not accepting the final report. Now can the complainant approach the High Court against revisionary order passed by the sessions court.
