Legal Question in Appeals and Writs in India

In an appeal against acquital u/s 498A filed by the complainant and not by the state before session court what is the period for limitation to file the appeal. And is it required that the appelllant should make state the party as a respondent along with the accused since it has failed to file the appeal against the accused.


Asked on 11/05/11, 10:58 pm

2 Answers from Attorneys
KAMAL GROVER

your local advocate will guide you properly so dont take much tension.

In short, you have to take certificate from state and only then you can file this case and you may make the state a party also.

Good luck.

adv,[email protected]

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Answered on 11/06/11, 7:26 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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 11/11/11, 4:52 am


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