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ExSecretary   27 January 2020

Can a criminal writ petition dismissed be appealed b4 db

Such a vibrant and usefil forum!!! Kudos to LawyerClubIndia and the participating advocates!!

Was hoping to get some guidance.

Had filed a Criminal Writ Petition under Art 226/227 and 482CrPC. My petition was against the order of the Sessions Court on account of lacuna in procedure and because there were serious issues which clearly brought out that prima facie the matter qualified for discharge.

Instead of posting the matter before a Division Bench it was posted before a Single Bench.

The Single Bench dismissed the Writ Petition.

My questions are:

1) Is this appealable before a Division Bench of the same court - Bombay High COurt?

2) If yes, would be grateful for any pointers.

3) If not appealable - what procedures to I have to follow to appeal the matter before Supreme COurt

4) Does it necessarily have to be a SLP?

Truly grateful whatever guidance I can get.

 

Thanks

 



Learning

 2 Replies

Rupin Dhama   28 January 2020

yes you can go for the bench and after that you can also go to the Supreme court if required.

For Free legal advice or more information or advice please contact us 9 to 6 on whatsapp 9999121211 or rupin.lawjunction@gmail.com.

P. Venu (Advocate)     29 January 2020

Any suggestion depends upon the rules and procedures prevalent in the particular High Court.


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