appeal against order of the sessions court has to be filed in the high court wherein original case was filed
2) your father cannot appeal against the impugned order in HC in another state
Can we move to high court in different state in India
My father has been accused with a criminal charge in another state than his residence. He has fought the case there for 12 years and the judgement of the session court is due tomorrow. We have heard that there is a political pressure which might affect the judgement and we might have to go to high court. Can we go to the high court in his state of residence of 40+ years, for bail and for appealing against the session court judgement, on the grounds of his health. He is a 58 years old diabetic with heart issues as well and the travel takes a toll on his body.
Asked 8 years ago in Criminal Law
Religion: Hindu
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10 Answers
You can not prefer appeal in other high court.
Only the high court situated in the same state where the trial court passed the judgment will have to be moved.
To fight an appeal the accused need not be present in court.
The appeal jurisdiction from the secession court is high court. The other states high court has no jurisdiction in your case .
1. As per law, your father shall have to approach the High Court having jurisdiction on the Court lower whose Judgment he is going to challenge,
2. He shall also have to file AB petition before the Court which is hearing the said criminal case,
3. For shifting the case to the High Court of another State, you shall have to tale leave from the supreme Court by applying for the said shift showing the ground.
Political pressure does not work over the judiciary as the session judges and judges subordinate to him are under the supervision and control of the High Court and not the executive government. Be that as it may, the judgment of a sessions court can be assailed only before the jurisdictional High Court.
Can we go to the high court in his state of residence of 40+ years, for bail and for appealing against the session court judgement, on the grounds of his health. He is a 58 years old diabetic with heart issues as well and the travel takes a toll on his body.
An appeal against the sessions court judgment can be made only in the jurisdictional high court and not on any other state as per your convenience.
Law is equal for everyone and it is not more equal for someone.
Thanks everyone for answering. If that is how it is suppose to happen, then we will go ahead with the same. For some responses: I know judiciary is above all and in an ideal world, pressure and approach doesn't work but it is not an ideal world. Sad but its the truth and now that we might experience it'snot Also, my query wasn't regarding getting any special treatment. It was a genuine question, if changing the high court was a valid legal option considering we have issues.
Asked 8 years ago
Changing of a particular judge is possible but changing of high court only in rare and rarest occasions like JAYALATHIA , the chief minister of Tamilnadu case.
You cannot change the High Court. It is laughable to even think that a High Court in India can ever be under political pressure. There can be political pressure on judges only if their appointment, transfer, elevation and removal is in the hands of executive but in India it is not so. If you had evidence to prove that the judge was biased then the remedy was to apply for transfer of case to another court, but judge hunting and court hunting is impermissible. Under no circumstances the judgment of a subordinate court can be appealed to a High Court which does not exercise territorial jurisdiction over it.
we have advised that it is not a valid option to file appeal in HC in another state
engage senior counsel for filing appeal in HC
1. If you bare hell bent to shit the case to the High Court of your father's state, then he has to file a petition before the Supreme Court for shifting the said case accordingly,
2. While filing the said petition, your father shall have to show sufficient reason acceptable to the Supreme Court.