• Approach to High court regarding Cheating case of valuables, Car, Passport etc of NRI

I am NRI and my valuables, car, wife passport etc were taken by tenants of opposite flat. After case proceeding, many of my witness were not considered and clean chit given to the accused.

Instead of the regular Appeal procedure, being NRI can I get a stay or applicable support from High court on the sessions court judgement for further inquiry of my case.
Asked 1 year ago in Criminal Law
Religion: Muslim

4 answers received in 2 hours.

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10 Answers

You can challenge the acquittal order in Sessions court or HC depending on your case

Prashant Nayak
Advocate, Mumbai
33309 Answers
219 Consultations

It is necessary to peruse order passed by trial court to advice 

 

2) file appeal against impugned order 

Ajay Sethi
Advocate, Mumbai
98125 Answers
7974 Consultations

 

There is no special privilege for NRI 

Ajay Sethi
Advocate, Mumbai
98125 Answers
7974 Consultations

You will have to go through the regular channel. Everyone is treated same in Court, whether the residents or non-residents.

 

Upon seeking legal opinion against the judgment, take appropriate route of revision/appeal/quashing(482).

Vibhanshu Srivastava
Advocate, Lucknow
9716 Answers
315 Consultations

- You can file Appeal against that judgment of session court before the High Court 

- Yes , you can get privilege being an NRI

Mohammed Shahzad
Advocate, Delhi
15049 Answers
228 Consultations

Aggrieved by the judgment and being a defacto complainant, you can very well prefer an appeal against the judgment passed by the trial court before the sessions court or if it was a sessions case, then before the high court. 

If the accused was acquitted, then there is no further pursuance of the case by the state, however they are not restricted from preferring an appeal against the impugned judgment. 

But there is no reason for obtaining a stay order when the accused has been acquitted. 

You may have to pursue the appeal properly.

 

T Kalaiselvan
Advocate, Vellore
88327 Answers
2389 Consultations

There is no such special privilege or provision in law to provide any special privilege to the NRI complainants, you will also be considered equally at par with the resident Indians. 

T Kalaiselvan
Advocate, Vellore
88327 Answers
2389 Consultations

Dear client,

Sorry to hear about your situation. You can file a case under Article 226 of Indian Constitution in High Court. 

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10556 Answers
123 Consultations

There special treatment as nri in criminal law. Only your personal presence can be exempted by court 

Prashant Nayak
Advocate, Mumbai
33309 Answers
219 Consultations

Yes, you can file complaint under section 256 (3) Cr. P. C. High court does not have power. 

Siddharth Srivastava
Advocate, Delhi
1534 Answers

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