[ad_1] New Delhi : The Supreme Court has given a major verdict which is news of relief for the accused in criminal cases. The SC has said that the High Court should ban the discharge order of the lower court only when the order finds absolutely wrong. This should be very rare. The SC also said that the discharged accused is better than the acquitted accused. Because the discharge occurs when no evidence is found in the initial investigation. While being acquitted one has to undergo full trial. By stopping the discharge order, the person becomes an accused again. The SC said that doing so is like snatching its freedom. The bench of Justice Abhay S Oka and Ujjwal Bhuyan gave this decision by canceling an order of the Delhi High Court. Delhi HC had stopped the order to discharge an accused without hearing it. The SC listened to Senior Advocate Siddharth Luthra, who appeared on behalf of the petitioner. Luthra said that the resulting order of the ban was that the case against the petitioner resumed, while he/she was discharged. The SC strongly objected to this.SC said in its judgment, 'It is a very strict step to stop the order of discharge. Due to this, the freedom of the accused is taken away. Due to the ban, the discharge order becomes neutralized and the sessions court can prosecute the accused and prosecute the accused. Therefore, stopping the discharge order has a serious consequence. 'The Supreme Court made it clear that this should be only in rare and very special cases when the discharge order is clearly wrong. And this should also be done only after giving the accused a chance to hear. At the same time, while stopping, the court should also keep in mind that the trial against the discharged accused does not proceed.SC said another important thing. he/she said that when a revision application is filed against the discharge order, the High Court can direct the person discharged under Section 390 to appear in the trial court. Also, the trial court may also instruct him/her to release him/her on bail. If such an order is given after the revision application is accepted, it ensures that the discharged person is present at the time of hearing of the revision application. And if the discharge order is canceled, it can face the trial. [ad_2]
