Legal Question in Criminal Law in India

a restoration application should be filed within 30 days from the date of recieving the certificed copy of the order provided there is no delay in applying for the certified copy. an application can also be filed afterwards stating the reasons why the accused could not file the application on time. the application needs to be filed before the same court who dismissed the appeal in default. a simple application for restoration needs to be filed and it doesnt involve tricky procedures.

Hi,

Herein below I provide brief reply to your questions:

1. A restoration application can be filed on the smple ground explaining the bonafides and stating the reason for default.

2. The period prescibed is 30 days from the dismissal, however, its calculation starts from the actual notice. Further, there are certain legal principles involved, which is required to be taen care of and the same your attorney will tell you at the time of actual filing. It can also be filed after 30 days depening on the reason which prevented timely filing.

3. Same court which dismissed the appeal. It is a simple application for restoration, which is required to be filed.

4. No special procedure and it can be filed like simple application for restoration. Ordinary procedure is followed.

Should you require any information/ clarification, feel free to contact us.

Thanks & Regards,

A criminal appeal is NOT dismissed in default. It might be a decision on merit.

There is no provision for restoration of an appeal under the Crimininal Procedure Code as it may amount to review of the order by the court.

You may file an appeal / revision to the next higher court instead of considering about restoration.

I agree with reply of Advocate Sudershan Goel.