349. Procedure re-appeals against acquittals by private parties.
- (i) Every application for special leave under Section 378(4) of the Code of Criminal Procedure, 1973, shall be accompanied by certified copies of the judgment or judgments, as the case may be, of the trial or appellate court. The applicant shall file along with the application two typed copies of (1) the application, and (2) the judgment or judgments of the Court or Courts concerned. The Registrar may condone delay not exceeding seven days in the filing of two typed copies with accompaniments.(ii)The application shall set out the grounds on which special leave to appeal from the order of acquittal is sough.(iii)As soon as the application is presented, the office shall issue notice to the Government Pleader of the presentation of such application and the application shall be placed for hearing before the court 90 days after the date of service of the notice. The notice shall be accompanied by a copy of the application with accompaniments where such copy is supplied at the time of presentation. Where such copy is not supplied at the time of presentation such copy shall be served on the Government Pleader as soon as it is supplied.(iv)If the Government does not file an appeal from the said order of acquittal under section 378 of Code of Criminal Procedure, 1973, within 90 days from the service of notice under the preceding sub-rule, it shall, if ready, be placed before the Court for hearing, It shall not, however, unless otherwise directed by the Court, be placed before the Court before the expiry of the said period of 90 days.(v)If the Government files an appeal within the period of 90 days the application for special leave and the Government appeal against acquitted shall be placed simultaneously before the Court for hearing. Nothing in this rule shall be seemed to enlarge the period of limitation for any appeal filed by the Government.(vi)If the leave is granted the appellant shall file his Memorandum of appeal within the period prescribed under the Limitation Act, 1963 and on such memorandum of appeal being filed the Session Court shall be required to prepare five or more copies of Paper- Books.
