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Research on Appeal in continuation of a Trail

By

Janhvi Pandey

“Whether an appeal is a continuation of a Trail?”

An appeal is a legal notion that refers to a person's right to seek justice in the face of an
unlawful decree or order by submitting it to a Superior Court. The Code of Civil Procedure,
1908, Sections 96 to 99A, 107 to 108, and Order 41 deal with First appeals from initial decrees.

“If an appellate court admits an appeal against the order of a criminal court, that shall be
considered as continuation of the trail court proceeding.”

Chief Justice Thottathil B. Radhakrishnan and Justice V. Ramasubramanian of the Hyderabad

High Court made this observation, indicating that the accused persons in question would fall
under the appellate court's jurisdiction. Mandava Subhash Chandra Bose is a retired assistant
superintendent of the Prohibition and Excise Department from Visakhapatnam, Andhra
Pradesh. , who was facing an Anti-Corruption Bureau case, filed a writ appeal disputing
passport officials' refusal to authorize his passport. Following the dismissal of his petition by a
single judge of the HC, he filed an appeal. Mr. Bose hid the information that he was facing a
criminal charge, according to Assistant Solicitor General K. Lakshman. The former cop was
acquitted of corruption charges by a lower court, according to the petition's counsel. However,
ACB authorities opted to appeal the trial court's decision to the HC, and the officer failed to
include it in the passport application, according to Mr. Lakshman. The bench denied the appeal,
stating that if an appeal is pending, the trial court procedures must be considered ongoing.

The Honorable Apex Court stated in Shailendra Kumar v. State Of Delhi. (2000) 4 SCC 178 that a
criminal appeal is a continuation of the trial. R.S Nayak v. Abdul Rehman Antulay, (1992) 1 SCC
558: AIR 1992 SC 1630. The Supreme Court has ruled that the right to a quick trial under Article
21 applies to accused people at all phases of the process, including investigation, inquiry, trial,
and appeal. Even in the case of

For the proponent, Mr. Kameshwar Prasad, learned counsel appeared for the appellant, relied
on the Madras High Court's decisions in the cases of Official Liquidator, Travancore National
Bank Subsidiary Co. Ltd. v. Official Liquidators, Travancore National & Quilon Bank Ltd. (AIR
1940 Madras 258) and Honorato De Souza v. Pedro Manuel Purificacao De Souza & State (1966
Cr. L.J. 1418), arguing that an appeal is a continuation of the trial. In the matter of Vijay Kumar
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Moti Lal v. State Of Maharashtra [(1981) 2 SCC 719], learned counsel argued that where an
employee is acquitted in a criminal case, a departmental proceeding should be expediated.

Here, by the following stated above and through learning of different case laws we come to the
conclusion that an appeal is a continuation of trail. And Article 14 and 21 of the constitution of
India and in fact the very basis of law wereby the appeal is stated as continuation of trail.