Can review be applied for the SLP to SC in case Cs is quashed?
22-Oct-2023 (In Criminal Law)
Recently High court has quashed the charge sheet. What is the time limit to appeal for review. If asked for review in High court the matter would come to same Judge or will be given to another Judge ? It is a simple case and based on the facts of the matter the CS is Quashed so can this be applied for review with Special leave petition to Supreme court (as the requirement is should involve substantial discussion of law / grave injustice ) What should be the value of the case if it is to be fit to go to Supreme court.
Hi, my name is Gurmeet Singh, Advocate. there is no provision for review before the same judge in criminal law. however, u can prefer an SLP before the Supreme court challanging the order within 1 month from the order
Without going through the court file and order of the High Court, it is unjust to advise on this matter. Although you can file a review petition under section 482 crpc before the same court within reasonable time period without any delay. You can even file SPL against the order of your review, if you are not satisfied with the order in your review petition, within 90 days in supreme court.
Yes it is a fit case to appeal in the SC as there is a grave injustice with you, and in case you file rivière in high court then it will go the same judge and it will not be fruitful for us , therefore it is better to Appeal in SC.
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