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orders.

c) That the ld. Trial Court has wrongly invoked the provisions of Section 251 Cr.P.C. and also the provisions of Sections 227, 228, 239 and 240 Cr.P.C.

d) That the ld. Trial Court has not appreciated the documents advanced by the counsel for the petitioner that at the stage of framing of notice by invoking Section 251 Cr.P.C., there is no stage of discharge irrespective of any fact and no right of the petitioner to contend his submissions and also proposition of law.

ii) 2014(1) JCC 229 in case entitled as Arvind Kejriwal & Ors. Vs. Amit Sibal & Anr.

and I have perused the same also.

5. Before arriving at any conclusion it will be appropriate if the case law cited on behalf of the revisionist i.e. 2014(1) JCC 229 entitled as Arvind Kejriwal & Ors. Vs. Amit Sibal & Anr., is reproduced for ready reference and which is reproduced as under :

"Criminal Procedure Code, 1973 - Sec. 251/482 r/w 483 and Art. 227 of the Constitution - Summons cases - Framing of notice - The accused are entitled to hearing before the ld. MM at the stage of framing of notice under Sec. 251 Cr.P.C. in all summons cases arising out of complaints and the Magistrate has to frame the notice under Sec. 251 Cr.P.C. only upon satisfaction that a prima facie case is made out against the accused - However, in the event of the ld. Magistrate not finding a prima facie case against the accused, the Magistrate shall discharge / drop the proceedings against the accused - Since there is no express provision or prohibition in this regard in the Code of Criminal Procedure, these directions are being issued in exercise of power under Sec. 482 r/w ...5/-

Sec. 483 Cr.P.C. and Art. 227 of the Constitution to secure the ends of justice; to avoid needless multiplicity of procedures, unnecessary delay in trial/ protraction of proceedings; to keep the path of justice clear of obstructions - The petitioners are permitted to urge the pleas raised in this petition before the ld. MM at the stage of framing of notice under Sec. 251 Cr.P.C. whereupon the ld. MM shall consider them and pass a speaking order - The ld. Magistrate shall frame the notice under Sec. 251 Cr.P.C. only upon satisfaction that a prima facie case is made out against the petitioners - The ld. Magistrate shall be empowered to discharge / drop the proceedings against the petitioners if no case is made out against them - If the ld. Magistrate chooses to frame notice under Sec. 251 Cr.P.C., the petitioners would be at liberty to avail the remedies as available in law.

Criminal Procedure Code, 1972 -

Sec. 251/482 r/w 483 and Art. 227 of the Constitution - Discharge under - Power of the Trial Court to discharge the accused at the stage of notice under Sec. 251 Cr.P.C. - Is based not only on sound logic but also on a fundamental principle of justice as a person against whom no offence is disclosed cannot be put to face trial .....

Criminal Procedure Code, 1973 -

Sec.251 - Discharge to the accused in summons cases at the stage of notice under Sec. 251 - If the Trial Court has to frame the notice under Sec. 251 Cr.P.C. where no prima facie case is made out against the petitioners, the hearing at the stage of notice under Sec. 251 Cr.P.C. would be a mere farce and would result in failure of justice - Denial of the remedy of discharge to the accused in summons cases at the stage of ...6/-