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Girish Agrawal (ITO)     13 November 2012

Revision application pending - can lower court pass final or

Sir,

I want to know if the lower court can pass final orders in a criminal case when a revision has been moved before the High Court challenging the framing of Charges.If no, what cases are there in support. The facts in brief are as follows: In a CBI case, an officer was falsely implicated. When charges were framed by the court, a revision application was filed before the High Court. The same was not decided even after 10 years. In the mean time, the case had been stayed but the proceedings were started by the lower court in the year 2005. It was told that as per the decision of the supreme court, the proceedings in criminal case could not be stayed by filing a criminal revision. However, the Lower court not only heard the entire case but also passed final orders & the High Court later dismissed the revision application as infructuous.is there any such order of the supreme court? if yes, can anyone kindly provide the details of the case?



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 3 Replies

Girish Agrawal (ITO)     15 November 2012

Thank You sir. However, since the case was earlier stayed by the high court & later the stay was withdrawn in pursuance of the order of the supreme court, i was interested in knowing the details of the supreme court case also. I will be obliged if you can provide the details of the supreme court case on this point


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