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
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
cases summarily.- (1) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 (2 of 1974), all offences under this Chapter shall be tried ... Code."
16. Procedure for summary trial is prescribed in Chapter XXI containing Section 260 to 265 of the CrPC. Section 245 relates
there is a clear difference in Sections 245(1) and 245(2) of Cr.P.C. Under Section 245(1), the Magistrate has the advantage ... Code of Criminal Procedure ('Code' for short) for the trial of a case of this type are sections 244, 245 and 246. Section
petition under section 245 CrPC
learned Magistrate ought to have examined under section 244 CrPC.
Section 245 CrPC ... that case learned Magistrate shall
hear the application under section 245 CrPC.
The learned trial court is directed to proceed with the case
guilty, he shall record an order of acquittal."
14. Section 245 Cr.P.C in part 'B' of Chapter XIX talks ... considers the charge to be groundless.
The plain reading of Section 245 Cr.P.C would leave no doubt
in mind that even though
Cr.P.C r/w 204 Cr.P.C was dismissed vide impugned order dated
31.05.2016.
10. In application u/s 245(2) / 204 ... resorting
Crl. No. 34/16, Sanjay Awasthi Vs. State etc. dated 21.04.2017, page 10 of 18
to an application u/s 245(2)
such
evidence as has been produced in support of the
prosecution. Section 245 Cr.P.C. deals with the eventuality
when the accused shall ... conviction, the
Magistrate shall discharge him. Sub-section (2) of Section
245 Cr.P.C. provides that nothing, in this section be
deemed to prevent
filed challenging the order dismissing the petitioners' application, filed under Section 245 Cr.P.C., to discharge them from the criminal case ... said Crl.O.P is still pending and pending Crl.O.P, the petitioner had filed present application under Section 245 Cr.P.C. before
Customs (1988(1) KLT 741)
it was held that under section 245 Cr.P.C., requirement was not to
prove a case but, only ... hand, it is seen that, court below while proceeding under section
245 Cr.P.C, has properly evaluated all materials before it. By no
stretch
