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Challenging Discharge application rejected by CJM and session court


14-May-2024 (In Criminal Law)
I have Challenge the dismissal of discharge application order by CJM as well as session court under 482 crpc but on First Hearing at High court , Stay on lower court proceedings hasnot been granted ,only Notice to respondent issued and next hearing date fixed after 6 weeks . Then in CJM court proceedings the stage is Framing charges on Two accused , one is me who approach toh HIgh court and another do nothing . Then still CJM court frame the charges on me while the challenge of discharge pending
Answers (2)

Answer #1
544 votes
Yes, since after filing in HC, nothing is till now in your favour, and notice is issued ,so the lower court shall proceed as usual. once the matter stayed then only proceedings in cjm court shall stop
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Advocate Hariom Dubey

Adv. Hariom Dubey

LawRato Varanasi / Banaras | 25+ Answers
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Answer #2
781 votes
you should come to High Court in criminal revision and not in 482 to challenge discharge application. As is evident much can not be done in High court now If charge is not framed against you you should go for anticipatory bail application. For further assistance Contact 700 799 29 93 Regards Himanshu Singh Chauhan
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Advocate Himanshu Singh Chauhan

Adv. Himanshu Singh Chauhan

LawRatoLucknow | 25+ Answers
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