https://www.taxtmi.com/caselaws?id=466108 In revision against an order of discharge, the SC held that an ex parte stay of the discharge order cannot be granted mechanically because it revives criminal process and curtails liberty. Revisional powers under Sections 397 and 401 CrPC may permit suspension of an impugned order, but such drastic interim relief is confined to rare and exceptional cases after hearing the discharged accused. Where the object is to secure the accused's presence pending revision, the proper course is to use bail-type safeguards under Section 390 rather than directing surrender to custody. The ex parte stay and consequential custody direction were therefore impermissible and liable to be quashed. en-us Fri, 28 Feb 2025 00:00:00 +0530 Fri, 23 Jan 2026 23:19:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=466108 In revision against an order of discharge, the SC held that an ex parte stay of the discharge order cannot be granted mechanically because it revives criminal process and curtails liberty. Revisional powers under Sections 397 and 401 CrPC may permit suspension of an impugned order, but such drastic interim relief is confined to rare and exceptional cases after hearing the discharged accused. Where the object is to secure the accused's presence pending revision, the proper course is to use bail-type safeguards under Section 390 rather than directing surrender to custody. The ex parte stay and consequential custody direction were therefore impermissible and liable to be quashed. Case-Laws Indian Laws Fri, 28 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=466108