resply under Section 239
of the Code of Criminal Procedure (for short, ‘the CrPC ’) seeking
discharge from the trial essentially on the ground of lack ... groundless
so as to discharge them from the prosecution in exercise of powers
under Section 239 of the CrPC.
17. The respondents, being dissatisfied with
remember that the criterion for
considering an application for discharge under Section 227
and Section 239 are different. However, merely because a
wrong provision ... hand is Section 239 and not
Section 227. The tests to be applied in case of Section 227
and Section 239 are entirely different
noting three pairs of sections viz. (i) Sections 227 and 228 insofar as sessions trial is concerned; (ii) Sections 239 and 240 relatable to trial ... under Section 239 and the High Court under Section 482 . It was observed as follows:
"4. The trial court under Section 239
time of passing
an order under Section 239 & 240 of Cr.P.C ?."
5. Under Section 239 of Cr.P.C., a remedy ... dealt with in Section 245 . The three Sections contain
somewhat different provisions in regard to discharge of the
accused. As per Section 227 , the trial
note herein that
while dealing with the application for discharge under Sections
227 , 239 , 245 of the Criminal Procedure Code, the distinction in
the above ... discharge the accused if it is considered
that there is no sufficient ground for proceedings against the
accused, however, the discharge under Section 239
issue in relation to Section 239
of the Code of Criminal Procedure has held as under:
"60. Section 239 envisages a careful and objective ... Section 239 arises when the Magistrate considers the charge
against the accused to be "groundless". The Section mandates that the
Magistrate shall discharge
Criminal Procedure
deal with discharge and framing of charge.
17. The obligation to discharge the accused under Section 239
Cr.P.C. arises when ... 2022
18
dealing with the scope of Section 239 Cr.P.C. held thus:
"61. Section 239 of the Code of Criminal Procedure
lays
Criminal Procedure
deal with discharge and framing of charge.
17. The obligation to discharge the accused under Section 239
Cr.P.C. arises when ... 2022
18
dealing with the scope of Section 239 Cr.P.C. held thus:
"61. Section 239 of the Code of Criminal Procedure
lays
application filed by him under Sections 227 and 239 of
Cr.P.C. However, Section 239 of Cr.P.C. is under what
circumstances ... exercisable to grant
discharge under Section 227 is less compared to the
power of discharge conferred on the Magistrate under
Section 239
Criminal
Procedure deal with discharge and framing of charge.
5. The obligation to discharge the accused under
Section 239 Cr.P.C. arises when ... Court while dealing with the scope of Section 239
Cr.P.C. held thus:-
"61. Section 239 of the Code of Criminal Procedure lays
