Hello Sir/s,
I wish to know regarding proceedings in Discharge Application and have following Queries.
I have applied for Discharge U/s 239 Cr.PC.
1. My query is, in case the discharge Appl. is rejected and the Revision / appeal is preferred in Sessions Court or further Review Pet. with High court , can Trial Court proceed with framing of charges and start the Trial ? Or it has to wait till the disposal of the discharge Revision / Review Application with superior Courts?
2. Can Trial Court or Prosecution during the pendency of Discharge Appl. or Trial rely upon any documents which is not a part of Charge Sheet ? (from the prosecution side) I am aware that Accused can produce any paper in his defence, however my query is pertaining to prosecution side where they have already filed a charge sheet and no supplementary C S has been filed.
I request you all to kindly give your Valuable comments & suggestions URGENTLY.
Thanks a lot in Advance!!!
Pravin
