JAMES (dys) 09 August 2012

Discharge petition

There is a 498a case against me and my family since 4 years in lower court. But charges haven't framed yet. I have filled a discharge/revision petition in Ranchi HC but HC decision is yet to come. By next month lower court is going to frame charges against us without waiting for HC judgements.

Is this possible for lower court to file charge with HC decision?

If in future HC delivered verdict in my favor then how can lower court follow removed charges against me or my family members after framing of charges?

Please suggest

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 August 2012

If I understand it correctly your discharge application has been dismissed, and you have filed a revision before the COS/HC. If this is how it stands, then unless the HC stays the matter the lower court is entitled to move forward with teh matter, and later if HC discharges you then case falls to the ground.

Guest (Guest) 09 August 2012

Unless the HC has restrained the trial court from proceeding ahead with the matter the latter is free to frame charges against you and your family. Mere filing of a revision in the HC does not automatically result in stay of the trial.

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