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sony (law)     23 February 2011

Sec 174 (2) appeal

can anyone guide where the appeal in conviction of six years will be filed ,in high court or session? the conviction is from court of ASJ, kindly clearify it going through sec 174 crpc



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 5 Replies

ADV Rajesh KASRIJA (ADVOCATE)     23 February 2011

r sir

ADJ is equlint to sessin judge so u can filoe appeal in the high court

sony (law)     23 February 2011

sir,

kindly see section 374 which says 

Section 374 of the Criminal Procedure Code, 1973 states that any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him, may appeal to the High Court. Any person convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, may appeal to the Court of Session.

if the conviction is for six years only how can we approach to high court under this section, further see if the trial held by assistant session judge then appeal to court of session.

kindly clearify


(Guest)

your question is wronlgy stated as sec 174.  any how clarifying on 374, the Sessions court(principal district sessions court) shall entertain the criminal appeal  and also suspend the sentence. i think the offence u/s 306 of IPC any the lower appellate court is only the DISTRICT SESSIONS COURT u/s 374 (3) (a) of Cr.P.C..  Without approaching the proper appeal forum this case cannot  be filed before the highcourt as criminal revision u/s 397.

jeevesh (student)     25 February 2011

If ASJ is Assistant Session Judge than appeal shall first lie in Sessions court............if it is Addl. Session Judge than appeal to HC...... 


(Guest)

District Sessions court is the filing court


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