Discharge application
Garima Randhawa
(Querist) 04 December 2018
This query is : Resolved
Discharge application was filed before the magistrate court U/s 239 crpc and the same was rejected by the magistrate.
What should be the next step ?? Should one file revision application? If yes then should it be filed before sessions court or high court?? Because under crpc if one appellate court exercises powers of revision then the other cannot. So if I file revision before sessions court then would I be able to approach high court ??
Can I file appeal before sessions court if yes under which section ??
Kumar Doab
(Expert) 04 December 2018
The Code Of Criminal Procedure, 1973
397. Calling for records to exercise powers of revision. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction… (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. The Code Of Criminal Procedure, 1973
401. High Court' s Powers of revisions. (1) In the case of any proceeding the record of which has been called for by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
Kumar Doab
(Expert) 04 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record. Obtain proper legal opinion in writing! Avoid acting on your own on hearsay. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also. Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law. There are such very able counsels at each location. Check for such counsels at LOCAL; Civil Courts, HC, SC,.. You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal matters. Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed. The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many. Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE. IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent. In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS. You can go thru/search the cases contested by any Lawyer at court website. If you are not satisfied with current counsel prefer 2nd/3rd …opinion from a very able LOCAL counsel..OR from a counsel practsing in HC/SC..
Kumar Doab
(Expert) 04 December 2018
Same Query;
http://www.lawyersclubindia.com/forum/Discharge-application-192414.asp
Dr J C Vashista
(Expert) 06 December 2018
Do not repeat same question time and again.
If you are not satisfied with the FREE advise of experts on this platform, consult a local prudent lawyer.
Kumar Doab
(Expert) 06 December 2018
In other thread a good for nothing attempt was made to mislead the querist.
Such good for nothing IT's and entities keep on poping up at online portals and vanish after some time, despite the support same mindset entities trying in vain to support multiple fake Id's..
Wise ones will not get influenced by such miscreants and won't get mislead.
Without any hesitation approach LOCAL counsels, as already suggested in all threads.
Kumar Doab
(Expert) 06 December 2018
Obviously multiple fake ID's to pose as some Jackaal of All trades is created when reserves are exhausted.....( Daane khatam to gaye) and new nickles are required for daily needs.
Why such miscreants can't go to courts and win some cases and earn livelihood by respectable means?
