Can another petition be filed citing errors before appeal consideration?

An appeal has been filed in the district court and is currently pending. However, can a party file another petition citing 1) errors in the framing of charges, 2) issues in witness statements, and 3) grave procedural errors in the judgment of the lower court under Section 313(2)? The petition would request that these matters be heard before the appeal on merits is considered.

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Advocate By LEAD INDIA Answered: 30 Jan 2025

Sir, you can file a petition highlighting errors in the framing of charges, witness statements, or procedural mistakes before the appeal on merits is heard. These issues may be significant enough to affect the fairness of the trial. You can request the appellate court to address these errors first. It is advisable to consult a criminal lawyer for proper guidance and drafting of the petition. For further legal assistance contact us on our helpline number.
 

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