Legal Question in Criminal Law in India

criminal law

hai,

this is--name removed---name removeAdvocate, hydd--

i have done a case pertaining to N.I.Act (138)in this case, the Hon'ble Magistrate impose fine and 6months imprisonment and gave a 30days time for appeal this case.

But i got the order from the Hon'ble Sessions court on 31st day.and the Hon'blle Magistrate issue N.B.W to accused/appellant

the problem is :-

the Magistrate court is not willing to accept the surities becasue i got the order from the sessions court after the 30 days and i request the Hon'ble magistrate please extend the period i.e.30 days ,the Hon'ble magistrate told me , that he has no power or authority to extend the period .

So i request , pls give any suggestion to extend the period

or

magistrate's authority to extend the period (Sections or Rule)

or the Sessions court power to extend the period


Asked on 11/09/08, 9:57 am

8 Answers from Attorneys
Yanala LaknaReddy Law towers

Re: criminal law

The magistrate has to accept the surities. He is under obligation and bounden duty to follow the appellate court orders. Session court is empowered to extend the time under section 482 of CrPC.

Read more
Answered on 11/10/08, 7:01 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: criminal law

The Sessions Court order supersedes that of the order passed by the Magistrate. The Sessions Judge is also empowered to pass a fresh order granting you bail.

Read more
Answered on 11/09/08, 4:25 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: criminal law

approach the sessions court.

Read more
Answered on 11/12/08, 6:45 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

When sentence is suspended by the Sesssions Court before execution of NBW, Magistrate is bound to cancel the NBW.

If Magistrate is unable to understand this legal proposition, you can approach the Sessions Court.

Read more
Answered on 11/10/08, 1:09 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

When sentence is suspended by the Sesssions Court before execution of NBW, Magistrate is bound to cancel the NBW.

If Magistrate is unable to understand this legal proposition, you can approach the Sessions Court.

Read more
Answered on 11/10/08, 1:11 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

When sentence is suspended by the Sesssions Court before execution of NBW, Magistrate is bound to cancel the NBW.

If Magistrate is unable to understand this legal proposition, you can approach the Sessions Court.

Read more
Answered on 11/10/08, 1:12 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

When sentence is suspended by the Sesssions Court before execution of NBW, Magistrate is bound to cancel the NBW.

If Magistrate is unable to understand this legal proposition, you can approach the Sessions Court.

Read more
Answered on 11/10/08, 1:15 am
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

When sentence is suspended by the Sesssions Court before execution of NBW, Magistrate is bound to cancel the NBW.

If Magistrate is unable to understand this legal proposition, you can approach the Sessions Court.

Read more
Answered on 11/10/08, 1:18 am


Related Questions & Answers

More Criminal Law questions and answers in India