Criminal Appeals & Revisions

Criminal Appeals & Revisions Lawyer in Noida & Ghaziabad – Advocate David Chaudhary & Associates

Criminal cases often involve life-changing consequences. A conviction or unfavorable order can impact your personal freedom, reputation, career, and family life. However, Indian law provides remedies through Criminal Appeals and Revisions to correct legal errors, ensure fair trials, and protect individual rights.

At Advocate David Chaudhary & Associates, we specialize in Criminal Appeals and Revisions in Noida, Ghaziabad, Allahabad High Court, and the Supreme Court of India, ensuring justice for our clients through expert legal representation.

What Are Criminal Appeals & Revisions?

  • 📌 Criminal Appeal: An appeal is the legal process of challenging a lower court’s judgment in a higher court. If you are convicted or aggrieved by a trial court’s order, you have the right to approach a higher court for review.
  • 📌 Criminal Revision: A revision allows the higher court to examine the correctness, legality, or propriety of any order passed by the lower court. It is not a rehearing of the entire case but a legal check to prevent injustice.

Both remedies are governed by the Code of Criminal Procedure, 1973 (CrPC).

Types of Criminal Appeals in India

  1. Appeal Against Conviction: Filed when the accused is convicted and wants the higher court to re-examine evidence, law, or procedure followed by the trial court.
  2. Appeal Against Acquittal: Filed by the prosecution if the accused is acquitted by the lower court but the prosecution believes the judgment is flawed.
  3. Appeal Against Sentencing: Even if conviction is upheld, the sentence can be challenged if it is too harsh or disproportionate.
  4. Bail Appeals: Filed when the lower court rejects the bail application of the accused.

When to File a Criminal Appeal or Revision?

  • ⚖️ Wrongful conviction or excessive punishment
  • ⚖️ Procedural irregularities in the trial court
  • ⚖️ Violation of constitutional or legal rights
  • ⚖️ Acquittal based on insufficient reasoning (for prosecution appeals)
  • ⚖️ Rejection of bail or interim reliefs

Timely filing is crucial because CrPC prescribes specific limitation periods for appeals and revisions.

Criminal Appeal & Revision Process in Noida & Ghaziabad

  1. Case Evaluation: We analyze trial court records, witness statements, and evidence for possible grounds of appeal.
  2. Drafting Appeal Petition: A well-drafted appeal highlights legal errors, procedural lapses, or violation of rights in the lower court judgment.
  3. Filing Before Appropriate Court:
    • Sessions Court for Magistrate judgments
    • High Court for Sessions Court judgments
    • Supreme Court for High Court judgments
  4. Hearing & Arguments: The higher court examines whether justice was delivered fairly in the trial court.
  5. Final Judgment: The appellate or revisional court may set aside, modify, or uphold the lower court’s decision.

Key Provisions under CrPC for Criminal Appeals & Revisions

  • 📜 Section 372 CrPC: Right to appeal for the victim
  • 📜 Section 374 CrPC: Appeals from convictions
  • 📜 Section 377 CrPC: Appeal against inadequacy of sentence
  • 📜 Section 378 CrPC: Appeals in case of acquittal
  • 📜 Section 397 CrPC: Power of revision by Sessions Judge or High Court
  • 📜 Section 401 CrPC: High Court’s powers in revision

Important Supreme Court & High Court Judgments

  • 📌 State of Rajasthan vs. Kashi Ram (2006): Principles on appeal against acquittal explained.
  • 📌 Arnesh Kumar vs. State of Bihar (2014): Guidelines to prevent arbitrary arrests.
  • 📌 K. Chinnaswamy Reddy vs. State of Andhra Pradesh (1962): Scope of revision powers defined.

Role of Advocate David Chaudhary & Associates

  • 🔹 Case Analysis: Reviewing trial court records for appeal grounds
  • 🔹 Appeal Drafting & Filing: Before Sessions Court, High Court, or Supreme Court
  • 🔹 Bail & Suspension of Sentence: Seeking bail during appeal proceedings
  • 🔹 Revision Petitions: Correcting legal errors without re-trial
  • 🔹 Supreme Court Appeals: Special Leave Petitions (SLPs) under Article 136 of the Constitution

Why Choose Us for Criminal Appeals & Revisions?

  • 🌟 Specialized Criminal Lawyers with years of experience
  • 🌟 High Success Rate in Appeals & Revisions in Noida & Ghaziabad courts
  • 🌟 Strategic Case Planning based on evidence & law
  • 🌟 Transparent Legal Consultation with clients
  • 🌟 Strong Representation in High Court & Supreme Court

FAQs on Criminal Appeals & Revisions

The time limit varies—usually 30 to 90 days from the date of judgment, depending on the nature of the case.

Yes, the State or complainant can challenge the acquittal before the High Court.

Yes, under certain circumstances, the appellate court may accept additional evidence if it is crucial for justice.

An appeal is a complete rehearing, while a revision focuses on the legality and correctness of the judgment, not the entire evidence.

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