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Charge will be frame while pending of 482 petition
27-Sep-2024 (In Criminal Law)
In a criminal case under 34/409 IPC and 66 c,d Of IT act , accused on bail. Accused move discharge application but reject by CjM and it's revision also reject by session . Then accused move to high court lucknow bench under 482 petition to challenge the discharge order including its revision which is still pending only notice issued by high court to responded. The. Does CJM court frame the charge against the accused while the pending of 482 petition
Yes, CJM court shall proceed according to general proceedings as if nothing is applicable even the les pendant in HC, since the inherent power is still not exercised by HC, no such order against the lower court trial proceedings.
My suggestion , try to linger the appearance in CJM,court till something from HC ,is in your favour.
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Adv. Hariom Dubey
Varanasi / Banaras | 25+ Answers
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Until unless the High Court passes a stay order against the proceedings which are going on in the CJM Court, it is difficult to suggest that the CGM court cannot frame charges against the accused solely because 482 application is pending at the higher court. Thus, it is suggested that a stay order is requested for at the High Court. Once a direction is granted, the proceeding will have to wait till the disposal of 482 application.
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Adv. Bihaan Pandey
Allahabad | 50+ Answers
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