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Blabber Baba   14 April 2024

Appeal from order of acquittal in magistrate's court

In India, which court hears appeals from order and judgment given by Magistrate Court (Judicial Magistrate of 1st Class) for offences which are punishable up to 3 years? Will Appeal lie to Session's Court or directly to High Court?


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

An appeal shall be preferred before sessions court. 

Advocate Bhartesh goyal (advocate)     14 April 2024

Leave to appeal u/sec 378(4) Cr.P.C shall lie befor High Court against the judgment of acquittal passed by Magistrate.

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

I stand corrected after observing that I by oversight rendered an incorrect opinion thinking it as an appeal against conviction. 

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Dr. J C Vashista (Advocate )     14 April 2024

The victim shall have right to prefer an appeal under proviso to Section 372 Cr PC before Sessions Court. 

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

Even though there is a  proviso to Section 372 of the CrPC provides that an appeal by a victim against any order acquitting or awarding lesser sentence lies before the court where an appeal “ordinarily lies against the order of conviction of such court”,   if such an order of acquittal is passed in any case instituted upon the 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.

P. Venu (Advocate)     14 April 2024

What are the facts? What is the context? 

Is it a complaint case or on police report?

Blabber Baba   14 April 2024

Advocate P. Venu,

It is a complaint case (U/s 200 of Cr.P.C.) filed by private citizen against an individual for non-cognizable offences under Section 500 & Section 506 of I.P.C. If magistrate has acquitted the accused then which court shall entertain the appeal to be filed by the Complainant?

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

You can go through my reply once again to understand the answer 

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