Where can appeal be filed in a compoundable summons trial case?

[Anonymous]

Against the decision of the court in a compoundable summons trial case, in which court can appeal be filed?

[Dr. Ashok Dhamija]

This is what is laid down in Section 2 of the Criminal Procedure Code:

“(w) “summons case” means a case relating to an offence, and not being a warrant case;”

“(x) “warrant case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;”

A combined reading of the above two definitions shows that a summons case means a case relating to an offence where the imprisonment is less than or up to two years. These are comparatively minor offences.

Trial of summons cases is conducted under Chapter 20 of the Cr.P.C. (Sections 251 to 259). This trial is conducted by Magistrates.

Now, as per the provisions of Section 374 of the Cr.P.C., an appeal against the decision of the Magistrate in a trial can be filed in the Sessions Court.

Therefore, appeal in a summons trial case can be filed before the Sessions Court, irrespective of whether or not such offence is a compoundable offence.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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