Court at the time of considering his prayer for discharge under section 245 (2) of the Code. It is no doubt true that the Apex ... clear difference in section 245 (1) and 245 (2) of Cr. P.C. Under section 245 (1) , the Magistrate has the advantage of the evidence
Manoj Dalmia, the petitioner, who is accused, moved application for discharge under section 245 (2) of the Code on the ground that the charge levelled ... clear difference in Sections 245(1) and 245(2) of the Cr.P.C. Under Section 245(1) , the Magistrate has the advantage
application filed by Respondent No. 1 Mukund Martand Chitnis for discharge under Section 245(2) , Criminal Procedure Code.
2. The facts leading to the present ... Respondent No. 1 on 23rd January 1986 applied for his discharge under Section 245(2) , Criminal Procedure Code. The learned Judicial Magistrate after obtaining
application filed by respondent No. 1 Mukund Martand Chitnis for discharge under Section 245(2) Criminal Procedure Code.
2. The facts leading to the present ... respondent No. 1 on 23rd January, 1986 applied for his discharge under section 245(2) Cri.P.C. The learned Judicial Magistrate after obtaining
petitioners filed Crl.M.P.No.1686/2007 for discharge under
section 245 (2) of the Code of Criminal Procedure and by the
impugned Annexure ... groundless
so as to get the benefit of discharge or pre-charge discharge
under section 245 (2) of the Code of Criminal Procedure. Further
clear difference in Sections 245(1) and 245(2) of the
Cr.P.C. Under Section 245(1), the Magistrate has the advantage ... Section 245(2) Cr.P.C., on the basis of discharge
application and discharge him. However, he would have been required to
give reasons
State By Deputy Superintendent Of ... vs R. Soundirarasu Etc. on 5 September, 2022
Author: Dinesh
accused appears or is brought before him. Section 245 empowers the
Magistrate to discharge the accused upon taking all the evidence referred
to in Section ... case is made out against him and thereby claim a
discharge under Section 245 of the Code. It is elementary that the
ultimate quest
offence
as aforementioned and these petitioners filed a discharge
petition under Section 245 Cr.P.C. to discharge them from the
prosecution case. The learned ... police.
According to the learned Govt.Advocate, in fact, the discharge
petition under Section 245 Cr.P.C. was found to be not
maintainable since
petition filed on behalf of the accused praying for the discharge under section 245(2) of the Code cannot at all be entertained and cannot ... parties to be heard. The stage for discharge under section 245 , on the other hand, is reached only after the evidence referred to in section
