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Advocate neglecting the delay of submission of documents please advise
13-Jan-2023 (In Criminal Law)
I got acquittal from 498a case. State filed condone delay after 6 months for appeal. certified copy applied after one month from the date of appeal period expired and took another month to take that certify copy. cited reasons saying another month took for the proceedings from police commissioner. my lawyer it will easily allowed. my question is it is very clear that this was only filed to harass me with a such a negligence how it will be allowed? if it is allowed in sessions can i file for revision(or appeal) in high court? how to defend this ?
as you got various reasons to get acquital then why do you defend the appeal itself instead of wasting time in defending a miscellaneous petition. condoning delay is a miscellaneous petition got get embrassed as it was allowed it doesnt mean that appeal is allowed. please try to defend the appeal on the same of petition allowed then you can get speedy disposal of the appeal itself
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Hello,
First of all contest the appeal in session court. If you win the appeal and your acquittal is upheld good if not,file appeal in high court against the order of the sessions court. Feel free to contact me if you need any clarification or advice.
First of all contest the appeal in session court. If you win the appeal and your acquittal is upheld good if not,file appeal in high court against the order of the sessions court. Feel free to contact me if you need any clarification or advice.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI
It is very rare for a 498a acquittal to be reversed in a sessions court.
from what you said, it is likely that the case is reopened for appeal only to harass you.
The courts are right in admitting the appeal petition though the delay is beyond the prescribed limitation period.
But it is extremely rare for a 498A acquittal to be reversed in a sessions cout.
It is very rare for a 498a acquittal to be reversed in a sessions court.
from what you said, it is likely that the case is reopened for appeal only to harass you.
The courts are right in admitting the appeal petition though the delay is beyond the prescribed limitation period.
But it is extremely rare for a 498A acquittal to be reversed in a sessions cout.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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