All orders are not appealable. The following orders are appealable, viz.—
An order rejecting an application for the delivery of property or proceeds of the sale thereof under Section 85 (3) is appealable to the court to which appeals ordinarily lie from the sentence of the court making the order. (Section 86)
An appeal against an order requiring security for keeping the peace or for good behaviour lies to the Court of Session. (Section 373)
The District Magistrate may, in any case, direct the public prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence.
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ADVERTISEMENTS:
An original or appellate order of acquittal passed by any court other than the High Court is appealable by the State Government to the High Court. [Section 378 (1)]. If the order of acquittal is passed in any case in which the offence has been investigated by the Delhi Police Establishment or by any agency under the Central Act other than the Code, the Central Government may also direct the Public Prosecutor to present an appeal to the High Court. [Section 378 (2)].
No appeal to the High Court under sub-section (2) shall be entertained except with the leave of the High Court. [Section 378 (3)]. Under Section 378 (4) an order of acquittal in a case instituted upon complaint is appealable to the High Court if, on application made by the complainant, the High Court grants special leave to appeal from the order of acquittal.
No application under sub-section (4), for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. [Section 378(5)]
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In an appeal against the judgment of the High Court recording a finding of acquittal, the Supreme Court does not interfere with the appraisement of the evidence by the High Court unless that appraisement is vitiated by some glaring infirmity [State of Punjab v. Bhajan Singh and other, (1975) II S.C.J. 145.].
An order granting or refusing an application to make complaint under Section 340 may be appealed against to a superior court to which appeals ordinarily lie. (Section 341)