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Criminal revision in sessions court or discharge application


02-Oct-2023 (In Criminal Law)
A PERSON HAD FILED A SUMMONS SUMMARY CASE IN THE COURT OF ADDITIONAL METROPOLITAN MAGISTRATE COURT AGAINST MY FRIEND AND ME. HE DOES NOT HAVE ANY EVIDENCE, NEITHER ANY WITNESSES IN THE CASE. BUT DESPITE OF ALL THIS, THE CONCERNED MAGISTRATE HAD ISSUED A ORDER OF PROCESS TO US TO APPEAR BEFORE HIM. I WOULD LIKE TO KNOW WHETHER IT WILL BE GOOD TO APPLY FOR DISCHARGE BEFORE HIM UNDER SECTION 245 CRPC. OR GO FOR REVISION IN THE SESSIONS COURT UNDER SECTION 397 CRPC. WHICH WILL BE A BETTER OPTION, KINDLY ADVISE.
Answers (1)

Answer #1
983 votes
Hello, it seems that it is a summary case if so, then plea will be recorded therefore you can not opt remedy of discharge coz discharge can be done only in warrant trial wherein charge is to be framed but not in summon or summary trial. So go for revision and challenge the said order.
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