Discharge
Jeevesh
(Querist) 20 March 2012
This query is : Resolved
One precarious situation is before me. Two accused A & B were chargesheeted by police in court. Accused B was discharged by the Court & charge was only framed against accused A. Accused A preferred a revision in which the order of charge was set aside and matter was remanded back for fresh consideration. No revision was preferred by the state or complainant qua Accused B nor any objection was taken as to Discharge of Accused B by them in revision proceedings by A. Now the Complainant contends that as the order has been set aside, the discharge has also been set aside as it was part of the same order though their was not revision against it.
Please decide whether the discharge of Accused B has attained finality or not?
Reason with authorities if any?
With respect to the queries raised by experts it is further clarified that both accused A & B were chargesheeted for same FIR and the revision order recognises that accused B was discharged but doesn't say nothing about that whether his judgement would apply on accused B also. The revision petition by Accused A was only limited to the point that no charge is made out against him.
V R SHROFF
(Expert) 20 March 2012
Revision if allowed, set aside earlier order of discharge.
PARTHA P BORBORA
(Expert) 20 March 2012
It depends on the correct interpretation of the revision order. To do so u have to provide the exect text of the order pl. If it against the whole operative part of the order in dispute then it automatically set aside the order of discharge of A.
Adv.R.P.Chugh
(Expert) 20 March 2012
As aforesaid - depends on the order in revision. Without anything more it would only warrant a reconsideration as regards A and not B.
Ghanshyam Prasad
(Expert) 20 March 2012
discharge is not acqittal,therefore if there is material charge may be framed against B along with A.
Raj Kumar Makkad
(Expert) 20 March 2012
If the revision filed by a has been accepted, there is no issue before the lower court to decide against him. Such person shall also be discharged like B.
Deepak Nair
(Expert) 20 March 2012
Depends on the correct interpretation of the order on revision as aforesaid.
SAINATH DEVALLA
(Expert) 20 March 2012
Dear Mr.Jeevesh,
KIndly mentioned what the actual complaint is.When A & B were chargesheeted in the same FIR,why only B was discharged? The other aspects as mentioned by my colleagues above are apt.
Shonee Kapoor
(Expert) 20 March 2012
Nothing can be said w/o seeing the order.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 20 March 2012
Respected Experts,
1. The order of refusal to discharge A is questioned in revision; and not the order of discharge of B.
2. Even if it is conceded that order in toto is set aside and remanded, it can not have any effect as B against whom the order in revision virtually went against has had no opportunity of being heard in revision. Both natural and legal justice demands and commands the same.
3. A can seek parity for his discharge but never to rope in again B.
Thus in all probabilities, order in revision does not bind B and thus he can tap the doors of higher court against the order in revision.
Shonee Kapoor
(Expert) 23 March 2012
But buddy, he can be roped in again.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Jeevesh
(Querist) 23 March 2012
i find force in the arguments of Mr. Rao......Thaks to all the experts for their valuable inputs..
