If he is public servant then he has to take leave from HC within 6 months otherwise for any other person it's sixty days
Time limit for appeal in high court against acquittal
State Vs Govt officials and private persons FIR in May 2014, Charge sheet filed Aug 2014 Acquitted in Oct 2021 Acquitted from the offense u/s 235(1) of Code of criminal procedure of the offenses punishable u/s 467,468,409,471,109,120-b of IPC 13(1)(d) and Prevention of corruption act 1988 Few govt officials were already retired at the time of FIR; At the time time of trial, govt official got retired, At present one govt official is in still in public service Other parties are private persons Questions: 1. what it the time limit for state to appeal in high court against acquittal ? is it 90 days. Or 120 days in case if its against govt officials if still in govt service? 2. is it from the date of order when it was officially available from lower court? 3. If appeal in less than 90 or 120 days ? Do high court just allow the appeal or check some merit before allow in ? 4. If appeal is after 90 or 120 days from order date? Will high court allow it? 5. any suggestion on how to move forward on this
Asked 4 years ago in Criminal Law
Religion: Hindu
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6 Answers
Dear Querist
My opinion on your queries are as under: -
1. The period of limitation against an order of acquittal is 90 days from the date of order of acquittal.
2. Date of Order, but in case the applying certified copy of the order, the period from applying to obtain the certified copy shall be excluded.
3.High Court firstly admit the appeal and pass an interim order as per the case and fixed the matter for argument after issue the notice to all the accused persons.
4. If the appeal filed after the limitation period then first of all HC will have to consider on the point of condone of delay and they proceed further.
5. for suggestions you should clarify that you are from accused or complainant.
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1. The time limit for preferring an appeal before high court is 90 days.
The appeal before the high court from any decree or judgment passed by the subordinate court shall be made within 90 days from the date of the decree or the order.
2. Yes.
3. The period of limitation against an order of acquittal is 90 days but where appeal against such order has to be made after seeking special leave of the court, the period of limitation is 30 days.
4. he state can also appeal to the High court against the order of acquittal passed by the Court. Only the high court has the authority to hear the appeal of it grants leave for the same to the high court.
The limitation period is 90 days against the order of acquittal and the limitation period is 90 days in the cases where the order has to be made after seeking the special leave of the court.
Time limit for Appeal in HC is 90 days
2) it would be from date of receipt of certified copy of court order
3) HC can condone delay in filing appeal
4) you have to make out a case for admission of appeal
1. 90 days from the date of passing the judgment
2. Yes, and it may be more than 90 days under certain circumstances
3. High court will check the merit before accepting the appeal
4. Yes, if the reason of delay in filling is genuine
5. without going to the case detail , cannot suggest
Dear Client,
The period of limitation against an order of acquittal is 90 days but where an appeal against such order has to be made after seeking special leave of the court, the period of limitation is 30 days.
Thankyou
