Legal Question in Constitutional Law in India

constitution of Indian

can appeal be converted into leave to appeal


Asked on 2/10/09, 2:02 am

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: constitution of Indian

Please specify your query.

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Answered on 2/10/09, 5:02 am
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: constitution of Indian

As per criminal code of practice , 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.

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.

If the complainant's application seeking leave to appeal is refused by the High Court, no appeal can be filed even by the state.

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Answered on 2/10/09, 7:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: constitution of Indian

May depend upon discretion of the court and over all situation.

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Answered on 2/10/09, 11:55 am


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