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
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
Daljit Singh Cheema And Others vs Balwant Singh Khera on 27 August, 2021
Equivalent citations
passed in
Criminal Revision No.1574 of 1982, observed as under:-
6. Sections 245 and 246 of the Code of Criminal
Procedure are found ... Neither of these cases is that of section 245
of the Code of Criminal Procedure.
7. But the expression "if unrebutted would warrant
stage is not by invoking Section 203
of the Code because the Criminal Procedure Code does not
contemplate a review of an order. Hence ... there is a clear difference in Sections 245(1) and
245(2) of CrPC. Under Section 245(1) , the Magistrate has the
advantage
Court of Sessions and Section 239
CrPC under Chapter XIX of the Criminal Procedure Code deals with discharge in a
warrant case ... reasons for so doing.'
8. Section 245 of Chapter XIX of the Criminal Procedure Code also deals
with the issue of discharge in cases
inquiry is prescribed in
Section 244 and under Section 245(1) or 245(2) of
Cr.P.C . In the decision in Mathew Paily ... opinion by the learned Magistrate under section
22
Crl.M.C.No.14 of 2013
245 of Cr.P.C ., to ensure the fairness
with Chapter XX of Criminal Procedure Code . In the procedure prescribed for summons cases under Chapter XX of Criminal Procedure Code , there is no provision ... accused were filed under Sections 245 and 203 Cr.P. C. Chapter XIX of Code of Criminal Procedure deals with trial of warrant-cases
petitioners under Sub Section (2) of Section 245 of the Code of Criminal
Procedure. The said Sub-section (2) of Section 245 and Sub-section ... going
into the further debate, let us have a look into Section 245 Cr.P.C.:
?245.When accused shall be discharged.
(1) If, upon
against the applicants in Criminal Complaint Case No. 2248 of 2010. The applicants filed an application under section 245(2) Cr.P.C. before ... parties.
In a warrant case, the procedure provided is contained under Chapter-19 of the Code. Section 239 Cr.P.C. provides that the Magistrate
