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Challenging Discharge order rejected by session and CJM


15-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 (4)

Answer #1
601 votes
your stay on further proceedings will be only done by the CJM court when it is duly ordered by the High Court otherwise you have to face trial till then. you can tell me your location so that I can help you further. You can also have asked for interim prayer to grant you to immediate stay
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Advocate Vinay Redhu

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Answer #2
591 votes
file a revision petition against the order framing charges on the ground that pending your 482, the magistrate ought not to have framed charges, more so since the next date in 482 was only after 6 weeks
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

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Answer #3
847 votes
when there was no order of the stay of the proceeding, the trial court is free to proceed further as usual. The high court has ample power to pass any order under section 482 of the cr.p.c. Even after framing of charge in your case by the cjm court and if your case has ground, high court may discharge you.
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Advocate Ajay Kumar

Adv. Ajay Kumar

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Answer #4
937 votes
The CJM court can't pass any adverse order if your matter is pending in the High Court. You need to approach the court and tell them to avoid framing of charges as you had already filed for challenging of the dismissal in the High Court. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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