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(Guest)

Effect of setting aside of discharge order

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.


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P. Venu

P. Venu (Advocate)     30 May 2020

Why 'if' - is this not real issue? Such instances never happen; the trial would have stayed when the evision was pending in the superior court.

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(Guest)

Hello Sir,

It is a real issue. But the revision against the discharge order is still pending and no stay has been granted.

P. Venu

P. Venu (Advocate)     30 May 2020

Facts subsequently posted are incconsistent with those originally posted. 

Dr J C Vashista

Dr J C Vashista (Advocate)     31 May 2020

As per your statement accused no 1 is already charged and facing trial, which has not been challanged, what is your query regarding accused No 1 ?


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