Procedure for appeal in high court against discharging accused.
15-Oct-2023 (In Criminal Law)
Accused discharge application allowed by sessions court Pune. I need to go in for appeal in High court. The order of judge is erroneous n I need justice. Kindly advise n help. Order is dated 6th Oct 2017.
Prosecution in criminal case is conducted by State. The appeal against discharge is required to be filed by state. U being aggrieved party can assist the state and therefore ur rights to prefer appeal against acquittal is limited in case of cognizable offence filed by state. In case of private complaint filed u/s 199 & 200 of cr. P.c appeal against discharge can be filed by u. Therefore it all. Depends upon nature of criminal case.
What is the law for discharge of accused?
According to section 227 of CrPC, if a judge finds that there are no grounds to proceed against an accused after reviewing the documents and records submitted, and hearing both the prosecution and the defendant, then he must discharge the accused and document his reasons. 21-Dec-2022
What is Section 227 CrPC discharge application?
According to Section 227), the judge is required to release the defendant after hearing both arguments and evidence from the prosecution and defence. 27-Dec-2022
What is Section 239 CrPC discharge application?
The Magistrate can order a discharge under Section 239 if he or she believes that the charges against the accused are unfounded. The complaint is filed by the first respondent (the complainant).
What are the considerations for discharge of an accused?
The Magistrate may consider the charge against an accused person to be valid if, after considering the police report, and any documents that were sent along with it, under section 173, and performing such examinations of the accused, as the Magistrate deems necessary, and giving both the prosecution and accused the opportunity to be heard, she finds the charge to...
Firstly you must take certified copy of order of discharge of accused and study the in what situation honorable session court pass and what reasoning given for that if you comes to the conclusion that honorable session court given any errounious reasion in doing dischage order then you may file Revision petition to high court.
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You need to appeal within 30 days from date of passing the order to the Honorable High court. You have to come the relevant grounds on the basis of which you are making the appeal. You need to show the importance of trial for convicting the accused.
When an accused person is discharged in a criminal case, it means that the court has found insufficient evidence to proceed with the trial against them. However, if you believe that the discharge order is incorrect or unjust, you have the option to appeal or file a revision against it in the High Court. Here is the procedure:
- Consult an Advocate: Seek legal counsel from an experienced criminal lawyer. He/She will review the details of your case and advise you on the best course of action.
- Grounds for Appeal or Revision: Determine the grounds on which you are appealing or seeking revision. This can include errors in the judgment, misinterpretation of the law, or new evidence that was not considered during the initial proceedings.
- Draft the Appeal/Revision Petition: Your lawyer will draft a formal appeal or revision petition outlining the grounds and arguments. Ensure all relevant details, including the case number and parties involved, are included.
- Filing in the High Court: The appeal/revision petition must be filed in the High Court with jurisdiction over the lower court where the discharge order was issued. Pay the necessary court fees and submit the petition along with any supporting documents.
- Legal Representation: If your case is admitted in the High Court, both parties (prosecution and defense) will have the opportunity to present their arguments. Legal representation is essential during these proceedings.
- Judicial Review: The High Court will review the discharge order, examine the grounds raised, and consider the arguments presented by both sides.
- High Court Decision: Based on the merits of the case, the High Court will either uphold the discharge order or set it aside. If the order is set aside, the trial against the accused will continue.
High Court Filing: The petition for appeal/revision must be filed at the High Court that has jurisdiction over the lower courts where the discharge order was given. The petition must be submitted with all supporting documents and the court fees.
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