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Appeal in high court while the case is pending in session court
09-Sep-2023 (In Criminal Law)
Hi, I am convicted in Megistrate court for 498A. Appeal is pending on the session court.It is getting delayed from last 1 year.Lower court record is moved to session court.Can i go for appeal to high court while case is pending in the Session court.Please advice.
Hi
Sessions court is the only appellate court for 498 A cases and you can approach the high court only for second appeal. In your case, since 498a is compoundable, at the most, the appellate court will acquit you subject to certain conditions.
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Adv. Rajagopalan
Hyderabad | 25+ Answers
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Dear,
No. You cannot move to High Court when appeal is pending in Sessions Court. The Sessions Court must decide the appeal before you can move to the High Court if you are aggrieved with the decision of the Sessions Court. If the matter is being delayed, make a representation through your lawyer before the Session Court for deciding the appeal proceedings expeditiously.
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Adv. B. Srikiran
Hyderabad | 5+ Answers
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