Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Accused is not debarred from praying for discharge u/s 245(2) Cr.P.C, merely on the ground that he chose not to challenge order issuing process upon him u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - At the stage of recording statement u/s 244 Cr.P.C - There is no prohibition for discharge u/s 245(2) Cr.P.C, but it is till proceeding up to S.204 Cr.P.C - Regarding proceeding at the stage of S.244 Cr.P.C, mandate of personal appearance is there - Discharge application rightly rejected...........
Criminal Procedure Code, 1973, Section 245, 244 -- Discharge - Accused cannot invoke jurisdiction u/s 245(2) Cr.P.C, unless he appears or is brought before Magistrate - To reach the stage of S.245 Cr.P.C, it is necessary that trial must begin in view of S.244 Cr.P.C, when accused appears or is brought before Magistrate...........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 500 -- Quashing of order - Order rejecting discharge application - Offence u/s 500 IPC - Allegations made against applicant in the complaint prima facie do not appear to have constituted any offence - Bald insinuations do not constitute a reasonable suspicion against anybody - Proceedings..........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If Magistrate comes to conclusion that no case is made out against accused, which if u, rebutted, would not warrant his conviction, Magistrate for the reasons recorded, has to mandatorily discharge accused - However, if u, rebutted evidence, in opinion of Magistrate, is sufficient to warrant conviction of accused,..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge of accused - Powers of Magistrate - Held, Magistrate can discharge accused u/s 245(2) Cr.P.C. even before accused appears or is brought before him or evidence is led u/s.244 Cr.P.C...........
