Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Madhya Pradesh - Section

Section 309 in Criminal Courts - Rules and Orders

309.

An appeal shall be presented by the appellant or his pleader, under Section 419 of the Code, to the Appellate Court or its ministerial officer duly authorized in this behalf. The clerks of Court of Sessions Judges are authorized to receive appeal (vide Notifications Nos. 2580 and 2581 dated the 12th March, 1930). District Magistrates should authorize suitable ministerial officers to receive appeals in the absence of the Magistrates to whom the appeals would otherwise be presented. If a ministerial officer receive an appeal under this rule he shall immediately fix a date for the appellant or his pleader to appear before the Court. If the appeal is presented to the Court itself and if the appellant or his pleader so desires an adjournment shall be given in order to afford him an opportunity to be heard in support of the appeal.Note. - The following procedure may be followed in places where are Additional Sessions Judges but no clerks of court. The memorandum of appeal may be presented to the Additional Sessions Judge who shall fix a date, information of which shall be given to the person presenting the appeal. The Additional Sessions Judge shall thereupon transmit the appeal to the Sessions Judge who, if he decides to transfer the appeal for hearing by the Additional Sessions Judge, shall pass the requisite order and return the appeal to the Additional Sessions Judge. If the Sessions Judge decides to hear the appeal himself he shall fix a date after the date fixed by the Additional Sessions Judge and informing the latter of the date so fixed. The Additional Sessions Judge shall thereupon inform of the person presenting the appeal of the date fixed for hearing before the Sessions Judge.