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(Guest)

APPEAL AGAINST ACCUITAL BY MAGISTRATE

Mr X files a false complaint u/s 156(3) before the magistrate and after brief formality investigation by police process is started ( NO FIR BY POLICE ONLY BRIEF INVESTIGATION FORMALITY). But accused persons convinces the court regarding false complaints  and After adopting all due procedures u/s 244/246/313 Cr PC  etc.  all accused are acquitted.

Now IN WHICH COURT (SESSION OR HC) the appeal against acquittal will lie having regard to following sections:

372. No appeal to lie unless otherwise provided.

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

 In section 372 of the principal Act, the following proviso shall be inserted, wef 31/12/2009 namely:—

“Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall He to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”.

378. Appeal in case of acquittal.

(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.

 

MR BECHARA……………………………….



Learning

 6 Replies

DEEPAK ASSOCIATES (08010117611)     14 November 2010

It is case of discharge therefore revision petition u/s 397 CrPC is lie against the order of magistrate.


(Guest)

Mr Deepak

How acquittal is case of discharge. Accquittal judgement has been delivered by the magistrate after following due process of law

Mr Bechara..........

DEEPAK ASSOCIATES (08010117611)     15 November 2010

sorry boss

 

The apeal lie before court of session


(Guest)

Mr Deepak

my query is not so simple. both sections 372 and 378 are contradictory. why the appeal should not lie in HC u/s 378.

Do not you think there is some drafting error since section 372 has been amended in 31/12/2009 but section 378 has not been amended since section 372 has effect on section 378.

Mr Bechara......................

ishaq mohd (advocate)     24 November 2010

it appears that it is police case asthe complaint was filled under section 156 3.the appeal can be filled in session court


(Guest)

Mr Mohd

complaint was filed u/s156(3) and after investigation formality the legal process was started.

Mr Bechara......................


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