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reliance (employee)     09 October 2013

Acquitted in criminal case, appeal time for complainant inhc

First convicted in criminal case(498a) in magistrate court, then went for appeal in Sessions court and now acquitted in criminal case in Sessions court.

If the complainant appeals in High Court against acquittal generally the time limit is 2 months for normal people and 6 months for public servant as per my knowledge.

APPEAL BY COMPLAINANT
  1. If the accused is acquitted in a case instituted upon a complaint the complainant may also file appeal against the acquittal after seeking leave to file the appeal.
  2. The complainant should seek the leave to file appeal within 60 days from the order of the acquittal. But in case the complainant is a public servant, the leave can be sought within 6 months from the order of the acquittal. The appeal has to be filed within 30 days after obtaining the said leave.
  3. If the complainant's application seeking leave to appeal is refused by the High Court, no appeal can be filed even by the state.

Here in my case complainant (wife) is a public servant (works in government department-- agriculture)

Now my doubt is--  1) what does the word public servant actually refers to.

2) does my wife come under public servant category?



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

Your wife has filed a case against you in an individual capacity and not as a public servant, hence she is not entitled for the privileges meant for public servant.

reliance (employee)     09 October 2013

Thanks for the information Sir

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 October 2013

2 Calender months + time taken for getting the certified copies.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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