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Trail can go for prosecution evidences if revision against charges admitted and notice issued

(Querist) 27 November 2014 This query is : Resolved 
Si,
The Trial court JMIC has framed charges agsint me and my family in 498-A case.We have filed the revsion against charges whihc has been admitted and notices issued to the state and P.P appered on behalf of state in session court.In that circumstances, whether trial court can run the trail by calling the prosecution evidences when the matter is pending before the court of session?
venkatesh Rao (Expert) 27 November 2014
Since the matter is not stayed by the court of revision, magistrate can very well proceed with the trial.
Raj (Querist) 27 November 2014
sir court of ssession donot have the power to stay except High court, (I suppose under 482 Crpc) whether 2 cases can parallel be run?
Devajyoti Barman (Expert) 28 November 2014
The sessions court has all the power of Revision like a high court.

It is your mistake if you did not ask for the same while filing the revision.
ASK your lawyer to do so asap else trial will commence.
Rajendra K Goyal (Expert) 28 November 2014
JMIC court would continue hearing the case till stay granted by court. apply for the stay now.
ajay sethi (Expert) 28 November 2014
unless stay is granted by sessions court trail will continue
T. Kalaiselvan, Advocate (Expert) 01 December 2014
As per law, the trial court is not restricted from proceeding with the trial of the case in the absence of any injunction, however, in common, the trial courts, if let known about the pendency of the revision, may be lenient enough to adjourn the case awaiting the orders by revision court, it again depends on the performance of the lawyer who would convince the court.


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