Can magistrate charge frame when discharge petiition is pend

shrenik (Querist) 04 July 2016 This query is : Resolved
Can Magistrate proceed with framing of charges once he rejected the Application for Discharge U/s 239 and the Applicant has preferred Cri. Rev. before Sessions court

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Guest (Expert) 04 July 2016
No academic query please. Discuss the real problem, if you have any.

shrenik (Querist) 04 July 2016
My discharge is rejected by magistrate

We put revision in session court

Now magistrate wants to frame charges

What we can now do ?

How can my discharge and case boyh run simultaneously

Devajyoti Barman (Expert) 05 July 2016
If there is no stay order is in force then magistrate can go on framing of charge.
However as a measure of standard judicial practice the lower does give some leeway so the petitioner cna obtain stay order from higher court in reasonable point of time.

Guest (Expert) 05 July 2016
Revision petition cannot act as a stay order, unless specifically obtained on application. Once discharge is rejected, magistrate becomes free to take appropriate action on the original petition. He has not to wait for the outcome of the revision petition in the absence of any stay order.

R.K Nanda (Expert) 05 July 2016
Nothing to add.

Rajendra K Goyal (Expert) 05 July 2016
Charges can be framed if no stay granted in revision petition.

Dr J C Vashista (Expert) 10 July 2016
Well advised by experts, nothing more to add.
There is no stay against impugned order in revision, hence the magistrate shall have to proceed.

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