discharge petition before the first hearing ?

Querist : Anonymous (Querist) 08 July 2011 This query is : Resolved
Once hearing of the case has begins, then the question of discharge petition does not arise? Why sir? So sir discharge petition can be heard before the first hearing? Urgent case required which says that discharge petition can be applied before the first hearing & not after that.

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Ravikant Soni (Expert) 08 July 2011
Hearing of a case is begined. It means charges has been framed. So not the case shall be concluded in conviction or acquittal. Not mean of discharge here at this stage.

If such practice entertained it would be meant to recall an order by magistrate himself.

Ravikant Soni (Expert) 08 July 2011
And according to sec 362 cr.p.c. it is not permissible.....

Ravikant Soni (Expert) 08 July 2011
A criminal court cannot review his own order.

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