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Effect of setting aside of Discharge order
29-May-2023 (In Criminal Law)
If in a criminal case there are two accused persons.
Accused 1 is charged by the Magistrate under S. 246 and Accused 2 is discharged by the Magistrate under S. 245.
The discharge order is challenged by way of revision under S. 397 and thereby set aside. What would happen to the Accused 1, if he is acquitted by then.
If he gets acquitted by then, then the appeal has to be moved to the sessions court. Also set aside order shall be taken into consideration accordingly.
Kindly share the documents for the assistance
Kindly share the documents for the assistance
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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hello client as you have mentioned tht you have been discharges in a case as accused no 2 by the magistrate .
in this matter you need to urgently move to high court for revision of the same order in which in the high court then only it is possible to get it cancelled by the high court.
in this matter you need to urgently move to high court for revision of the same order in which in the high court then only it is possible to get it cancelled by the high court.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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The case would be remanded back for trial for the accused no 2 whose discharged have been set aside. So in other words the trial qua the second accused will start an initio and the trial court has to frame charge against the said accused and proceed further.
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Adv. Harshit Jain
Delhi | 100+ Answers
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