Procedure in high court for appeal against discharge of accused

Question

Procedure in high court for appeal against discharge of accused

17-Jul-2024 (In Criminal Law)

Accused discharge application allowed by sessions court Pune. I need to go in for appeal against discharge order in High court. The order of judge is erroneous n I need justice. Kindly advise n help. Order is dated 6th Oct 2017.

Answers (3)

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Advocate Pramod Agrawal LawRato · Accepted Answer · 2024-07-17T18:36:43+05:30

Answer #1

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.

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Advocate Ramgopal Aiyer LawRato · Accepted Answer · 2024-07-17T18:36:43+05:30

Answer #2

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.

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LawRato LawRato · Accepted Answer · 2024-07-17T18:36:43+05:30

Answer #3

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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