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vignesh Achar (advocate)     05 January 2009

C.R.P.C. sec.378

The state govt approaches the High court, in appeal against acquittal, instead of the sessions court. On what grounds such appeal may be permitted by the High Court.


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 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     05 January 2009

DEAR VIGNESH,


On following Grounds either  a State or Central Government can prefer appeal directly to the High Court instead to to Session Court. 


378. 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 2[ 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).

Ravi Arora (Advocate)     05 January 2009

appeal against aquittal lies in High Court only


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 January 2009

Gud collection


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