• What is the time limit to appeal to higher courts ?

Earlier in 2008 , my uncle filed a case in addl. chief metropolitan magistrate borivali mumbai under sections 467,468,471,420R-W34,114 ,due to health issues he was unable to attend any hearing of the case . as a result , the case got dismissed on [deleted]. i want to fight again for justice . what can i do now??


History of Case Hearing

Registration Number Judge	Business On Date	Hearing Date	Purpose of hearing
2400010/2008		[deleted]	[deleted]	NOT HEARD CASES
2400010/2008		[deleted]	[deleted]	NOT HEARD CASES
2400010/2008		[deleted]	[deleted]	NOT HEARD CASES
2400010/2008		[deleted]	[deleted]	NOT HEARD CASES
2400010/[deleted]	[deleted]	NOT HEARD CASES
2400010/2008	 [deleted]	[deleted]	NOT HEARD CASES
2400010/2008	 [deleted]	[deleted]	NOT HEARD CASES
2400010/2008		[deleted]	[deleted]	NOT HEARD CASES
2400010/[deleted]	[deleted]	NOT HEARD CASES
2400010/2008	 	[deleted]	[deleted]	NOT HEARD CASES
2400010/[deleted]	[deleted]	NOT HEARD CASES
2400010/[deleted]		Disposed
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

obtain certified copy of order passed by magistrate dismissing your complaint

2) if case has been dismissed in august 2016 what was your uncle doing for 6 months

3)your uncle should have filed appeal against said dismissal of the complaint within period of 60 days

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

What is your interest in the case? Were you the victim of the offences complained by your uncle? If the case got dismissed in default i.e due to non-prosecution by your uncle then he alone can apply for restitution thereof.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It is necessary to peruse grounds for dismissal of complaint before advising grounds on which order of dismissal can be challenged

2) your uncle has to plead that on account of his illness he could not appear in court

3) enclose his medical certificate

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

File a revision in sessions or high court challenging the order of dismissal.

If you could explain the reason behind your continued absence leading to dismissal of the case the case would be restored.

Since 60-90 days has passed from the date of disposal you will have ti file section 5 Limitation Act petition to explain the delay.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Since your uncle is alive he has to file an application for restoration of the case dismissed in default. If the trial court dismisses his application then he may approach the High Court under section 482 CrPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Earlier in 2008 , my uncle filed a case in addl. chief metropolitan magistrate borivali mumbai under sections 467,468,471,420R-W34,114 ,due to health issues he was unable to attend any hearing of the case . as a result , the case got dismissed on [deleted]. i want to fight again for justice . what can i do now??

Your uncle initiated the case against somebody but he never bothered about conducting the case after having filed it and you have not given any reason that why it was not pursued thereafter.

The court after beyond certain stage has dismissed the case for non-prosecution.

If your uncle is really aggrieved over this decision, he can file an appeal before high court with an additional application to condone the delay in approaching high court or this purpose.

There is no provision to reopen the same in the same trial court since this is a criminal case.

In what way you are affected by this that you now emerge to fight for justice when the incidence is reported to have taken place before 2008 and the affected party is remaining silent about this all these years.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

If your uncle is a mental patient, you can file a mental health petition to declare him a mentally affected person and you can file a petition under guardians and wards act to appoint you as his guardian to fight the legal cases on his behalf after which you can file a petition before the high court to condone delay for preferring an appeal agaisnt the case which was dismissed by the trial court.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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