where an appeal is to be filed on acquittal of calendar case? =In view of the fact that the acquittal of the accused in Calendar Case No.975 of 2008 on the file of the Chief Metropolitan Magistrate at Visakhapatnam, and in view of the amended provisions of Section 372 of the Criminal Procedure Code, which came into effect from 31.12.2009, the appeal has to be presented before the Sessions Court

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL APPEAL (SR) No.2368 OF 2012 JUDGMENT:- In view of the fact that the acquittal of the accused in Calendar Case No.975 of 2008 on the file of the Chief Metropolitan Magistrate at Visakhapatnam, and in view of the amended provisions of Section 372 of the Criminal Procedure Code, which came into effect from 31.12.2009, the appeal has to be presented before the Sessions Court, where the appeal lies against the conviction. Hence, the Registry is directed to return the papers for presentation and the appellant is permitted to present the appeal before the Sessions Court after two weeks of the return. The appellant will be entitled to benefit under Section 14 of the Limitation Act in case of any delay. ___________________________ JUSTICE N.R.L. NAGESWARA RAO Date:23-01-2012 INL