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R.SHAH (OFFICE STAFF)     27 March 2014

Cri. appeal steps & procedure

hi all, what are the steps in criminal appeal before session court against acquittal order in 498a case by JMFC court.

pls. educate me the steps from day one of filing criminal appeal before session court.





 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 March 2014

Appeal petition to be filed in higher courts.

Section 378 provides that the State Govt. may direct the Public Prosecutor to present an appeal to the High Court from an Original or appellate order of acquittal passed by any Court or from an order of acquittal passed by a Court of Session in revision.

In a case instituted upon a complaint, if a complainant wants to present an appeal against an order of acquittal, he can do so after obtaining from the High Court special leave to present such an appeal. 

If the complainant is a Public Servant an application for the grant of such special leave must be presented to the High Court within six months from the date of the orderof acquittal. If the complainant is any other person, such an application for grant of special leave must be presented within 60 days from the order of acquittal. 

If the application of the complainant for grant of such specil leave is refused, no appeal from the order of acquittal shall lie even at the instance of any Govt. whatsoever.

R.SHAH (OFFICE STAFF)     27 March 2014

sir, i need the steps adopted in proceeding with cri. appeal after it was being file in session court agsint a order of acquital by JMFC.

kindly any one tell me, the session court directly issued notice to respondent/accused in appeal without seeing the legal position of appeal application and order of jmfc.

now after notice served to accused person, accused need to take fresh bail again or pr bond excuted by jmfc at tim of order is sufficient till end of appeal.

after notice the session court heard the argument to admission of the appeal ? and after if it's convince call for r&p ?


pls. states the steps in it, i want to appear in person, total 6 accused in acquitted by jmfc court and appeal is against all accused acquital.

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