• Powers of magistrate to restore criminal case

Judicial Magistrate passes an order for stoppage of proceedings under section 258 of crpc, while observing that since last 10 years prosecution failed to secure presence of accused. accordingly thereby order for discharge of accused. subsequently accused is found and brought before court. under such circumstances whether judicial magistrate is empowered to restore criminal case by reviewing its own order of discharge.
Asked in Criminal Law from Dhule, Maharashtra
No. 
Unless the order of discharge is set aside by a higher court the accused cannot be brought to court.
Ashish Davessar
Advocate, Jaipur
19905 Answers
522 Consultations

5.0 on 5.0

order has to be set a side by higher court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
18819 Answers
179 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13983 Answers
310 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19905 Answers
522 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7330 Answers
85 Consultations

4.9 on 5.0

Nadeem Qureshi
Advocate, New Delhi
4001 Answers
159 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3313 Answers
52 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
998 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
831 Answers
62 Consultations

5.0 on 5.0

Thresiamma G. Mathew
Advocate, Mumbai
1385 Answers
104 Consultations

5.0 on 5.0