Section 245 in The Code of Criminal Procedure, 1973
245. When accused shall be discharged.
(1) If, upon taking all the evidence referred
there is a clear difference in Sections 245(1) and 245(2) of the
Cr.P.C. Under Section 245(1), the Magistrate ... Satya reported in 1979 Criminal Law Journal 446. We are convinced
that under Section 245(2) Cr.P.C., the Magistrate can discharge the
accused
offence punishable under S. 500 , IPC. and ordered as follows :-
"Acting under S. 246 of Code of Criminal Procedure, I order that charge shall ... Prevention of Corruption Act and Sections 161 and 165 of the Criminal Procedure Code, the Supreme Court held thus (para 2) :
"It cannot
JUDGMENT
1. This petition under Section 482 of Criminal Procedure Code (for short ' Cr.P.C .') has been filed to set aside ... considered in the light of provisions contained in Code of Criminal Procedure . During trial accused may be arrested by police in pursuance
Banking Supervision,
Chennai. ... Respondent
Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure , against the order dated 18.03.2011 made ... discharge the accused under Section 245(2) Cr.P.C. Section 245 Cr.P.C. reads as follows:-
245. When accused shall be discharged
Section 245 (1) of Cr.P.C. and scope of criminal revision under Section 397 Cr.P.C. Section 245 (1) of ... Section 245 / 246 Cr.P.C. That expression is not used in the Code of Criminal Procedure . But it must be noted that the quality
reply
dated 12.6.2002 (Annexure P-7) to the application under Section
245 Cr.P.C.. The learned Sub-Divisional Judicial Magistrate, Nuh
vide order dated ... document
High Court,Chandigarh
Crl. Misc. No. M-13855 of 2009 [6]
Ram alone had filed an application under Section 245 Cr.P.C. which
there is a clear difference in Sections 245(1) and 245(2) of the Cr.P.C. Under Section 245(1), the Magistrate ... Satya reported in 1979 Criminal Law Journal 446.
37. We are convinced that under Section 245(2) Cr.P.C., the Magistrate can discharge
have filed Criminal
M.P.No.995 of 2005 to Crl.M.P.No.1013 of 2005 respectively under Section 245
Cr.P.C. claiming ... that if the accused is not discharged either
under Section 245(1) or 245(2) Cr.P.C ., the court has to proceed under Sections
This petition under section 482 of the Code of Criminal Procedure (in short 'the Code') has been filed for quashing the Magistrate ... 245 (2) of the Code and has opined that the discharge prayer on behalf of the accused under section 245 (2) of the Code