Wed. Sep 23rd, 2020

Section 382 petition of appeal

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Section 382 petition of appeal

Every appeal shall be made in the form of a petition in writing, presented by the appellant of his pleader, and every such petition shall unless the court to which it is presented otherwise directs be accompanied by a copy of the judgment or older appealed against.

                                      STATE AMENDMENT

Andaman and Nicobar Islands and Lakshadweep:

Renumber Section 382 as sub-section (1) of that section-

(i) to sub-section (1) as so re-numbered, add the following provisos and Explanation  namely:

“Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may, be presented to the Administrator or to an executive Magistrate, not below the rank of Sub-Divisional Magistrate, he shall record thereon the date of’ presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of’ such appeal, or an appeal forwarded to him under section 383, exercise all or any of the powers of the proper Appellate Court and sub-section (1) of section 389 with regard to suspension of’ sentence or release of convicted person on bail:

Provided further that the order so made by Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court.

Explanation. For the purposes of the provisos to this section and section 383, ‘Administrator’ in relation to a Union territory means the Administrator appointed by the President under article 239 of the Constitution, for that Union territory.”

(ii) after sub-section (1) as so re -numbered ,insert thye following sub section,namely:-

“(2) For purposes of computation of the period of limitation, and for all other purposes, ail appeal presented to an Administrator or an Executive Magistrate under sub-section (1) or as the case may be, under section 383, shall be deemed to be an appeal presented to the proper Appellate Court.”

[Vide Regulation I of’ 1974, sec. 4 (w.e.f. 30-3-1974)].

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