Whther plea recording in summon case preempts discharge of accused?
(Querist) 20 December 2014
This query is : Resolved
Recently,a metropolitan court, in a summon case, has rejected a meritorious discharge application of a accused on the sole ground that plea recording has been done. What can be the remedy in such a situation? If revision is filed,what can be the the tenable and legally sustainable ground in the light of recently-settled law on this subject,if any?
Dr J C Vashista
(Expert) 21 December 2014
Very well advised by experts, I concur.
T. Kalaiselvan, Advocate
(Expert) 26 December 2014
The discharge petition should have been filed before the commencement of charges read out to the accused on 1st appearance before the court to confirm if he accept the charges or not. After that it is not tenable.
(Querist) 27 December 2014
If the aforesaid complaint is not maintainable in terms of limitation and jurisdiction and in that case,whether said plea recording is legal?
The High Court gave liberty to file fresh discharge application.
Meanwhile,no hearings took place for 2 years due to variety of reasons but on first effective hearing,aforesaid plea was recorded despite being told to trial court that High Court has given liberty to file fresh discharge application.
In second hearing,aforesaid discharge application was filed but it was rejected on the ground that plea was recorded.
(Expert) 28 December 2014
You are coming with new facts subsequently. Since the 2nd discharge was rejected mechanically you can challenge this order again in HC.