Trial court did not discharge, what to do now?

Tilak Marg Forum for Legal Questions Forums Criminal Law Trial court did not discharge, what to do now?

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      At the stage of framing of charges or deciding the discharge application, usually the trial court will only whether a prima facie case is made out on the basis of the prosecution evidence. At this stage, the evidence of the accused is generally not seen.

      Now that the trial court has refused to discharge you, you have two options: either to face the trial and prove your innocence (with the help of your evidence and by showing that the prosecution case is false or insufficient) OR to challenge the order of the trial court in the higher court.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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