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378. Appeal in case of acquittal. - [ (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5),- (a) the District Magistrate may in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognisable ...
If, in any case, the application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under Sub-Section (1) or under Sub-Section (2). Updated: 31 Oct 2022.
Jun 30, 2020 · Section 378- Appeal in cases of acquittal The state government is entitled to direct the Public Prosecutor to present an appeal in the High Court from an order of acquittal (original or appellate) passed by the Court of Session of any court other than the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
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4 SECTIONS 81. Procedure by Magistrate before whom such person arrested is brought. C.–Proclamation and attachment 82. Proclamation for person absconding. 83. Attachment of property of person absconding.
Section 378 CrPC. In paras 12 to 19, it is observed and held as under: (SCC pp. 196199) 5 “
Section 378(3) in The Code of Criminal Procedure, 1973 (3) [No appeal to the High Court] [Substituted by Act 25 of 2005, Section 32, for "No appeal" (w.e.f. 23-6-2006).] under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
( a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
378. Appeal in case of acquittal. —1[( 1 ) Save as otherwise provided in sub-section ( 2 ), and subject to the provisions of sub-sections ( 3 ) and ( 5 ) , — ( a ) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect ...
