CrPC Section 449: Appeal from Orders Under Section 446

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CrPC Section 449: Appeal from Orders Under Section 446

This section deals with the right to appeal against orders passed under Section 446 of the Code of Criminal Procedure (CrPC).

1. Code:

Section 449 of the CrPC states:
“Any person aggrieved by an order made under section 446 may, within thirty days from the date of the order, appeal to the High Court.”

2. Explanation:

Section 446 of the CrPC provides for the procedure to be followed when a person accused of an offence is unable to appear before the court. Section 449, therefore, grants a right of appeal to the person affected by such an order. This appeal can be filed in the High Court within 30 days of the order being passed.

3. Illustration:

Imagine a person named Mr. X is accused of a crime. He is unable to appear in court due to illness. The Magistrate, under Section 446, decides to proceed with the trial in Mr. X’s absence. If Mr. X believes this order is unfair or unjustified, he can appeal against this order to the High Court under Section 449.

4. Common Questions and Answers:

  • Q: Who can appeal under Section 449?
    A: Any person who is aggrieved by an order passed under Section 446. This includes the accused person who was ordered to be tried in absentia, as well as anyone else whose interests might be affected by the order.
  • Q: What is the time limit for filing an appeal?
    A: The appeal must be filed within 30 days from the date of the order passed under Section 446.
  • Q: Where can the appeal be filed?
    A: The appeal can be filed in the High Court.
Also Read  CrPC Section 105F: Management of Seized or Forfeited Properties
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