LawRato

Can the accused be discharged if reserved cross-examination is pending


24-Mar-2023 (In Criminal Law)
In warrant case, u/s 406 before magistrate, cross examination of the witness was reserved by accused. Now magistrate has started arguments of both parties for deciding whether to frame charge or discharge the accused. But reserved cross-examination has yet not been taken place. In the light of the above, kindly let me know as to whether the magistrate can pass the order to frame a charge or discharge the accused keeping reserved cross-examination pending.
Answers (1)

Answer #1
547 votes
Yes the Supreme court can transfer the case to any High court, under section 406 CrPC. Supreme Court reserves the power to do so as the Hon'ble Court is the apex and its rulings are binding on all the subordinate case.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."