discharge of accused in pvt complaint case
vinod bansal
(Querist) 13 February 2010
This query is : Resolved
R/Members
in one of my case of private complaint after recording of preliminary and pre charge evidence & summoning of accused,at the time of framing of charge,court discharged the accused,now i want to know whether discharge in this case is amount to acquittal? now in given situation what remedy i have,whether i have to move before sessions court or highcourt,secondly in appeal or revision,kindly clear legal position bcoz this point of law is harrasing me fgrom last 5-6 months,i have already discussed this legal issue with so many lawmen but there is contradictory opinion,kindly help me regarding this issue with relevent provision of law in such given situation.I will be very thankful,With Regards
Vinod Bansal Advocate
Distt courts Jind RTI Activist
Devajyoti Barman
(Expert) 14 February 2010
The order of discharge is not being equal to 'acquittal' and the same being the 'order' of the Magistrate, Revision lies either before the sessions court u/s 397 or before the High Court u0s 401 of CrPC.
Raj Kumar Makkad
(Expert) 14 February 2010
file revision petition against the impugned order.

Guest
(Expert) 14 February 2010
can file revision petition in section 397 crpc
vinod bansal
(Querist) 14 February 2010
Thanx to all with regards