The ADJ court discharge the accused from offences under section 457,411 IPC on the ground that after a lapse of 8 years, no chargesheet filed by the police. The accused was earlier arrested in this case, his police remand sought and then he was released on bail by the court of Judicial magistrate. The ADJ court while discharing the accused held that since the challan was not filed by the police for such a long time, therefore, the accused is discharged. The Court used the following like in Hindi " Filhal mulzim ko discharge kiya jana sahi lagta hain " and the accused was discharged. Thereafter, after a lapse of another 4 years, the police filed the chargesheet. The magistrate took cognizance and proceeded with the matter. The accused filed an application before magistrate that since he was discharged by the court of ADJ, magistrate had no jurisdiction to take cognizance in the matter. The magistrate dismissed the application.
Please advise if there is a ground with the accused to move to the higher court?