applicant and
another co-accused, without complying with the provisions of Section 239
of the Criminal Procedure Code (` Cr.P.C '). He submits that ... Sections 354 and 506
r/w 34 of the Indian Penal Code .
8 The relevant provision with which this Court is concerned is
Section 239
transaction within the meaning of Section 239 of Criminal
Procedure Code of 1898 corresponding to Section 223 of
the Criminal Procedure Code ... persons and offences for
conspiracy as per provisions contained in section
239(d) of the old Cr.PC . This Court has laid down
that separate
applications for discharge filed by the Petitioner and other accused under
Section 239 of the Code of Criminal Procedure came to be confirmed ... 2011. Thereafter the Petitioner and other accused have filed
applications under Section 239 of the Cr.PC. before the Trial Court
Article
227 of the Constitution of India and seeking discharge under Section 239 of
the Code of Criminal Procedure ... petitioner filed an application (Exh-236) seeking discharge
under Section 239 of the Cr.P.C. The learned Magistrate, by the order dated
28.10.2014, rejected
offences punishable under section 304A, 337, 338 read with
section 34 of the Indian Penal Code and Section 52 , 56 and 43 of the
Maharashtra ... Regional and Town Planning Act. By filing application
(Exhibit 51) under section 239 of the Code of Criminal Procedure he
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case instituted on a police report can only be filed under Section 239
of the Cr.P.C. and not under Section ... some difference in the wordings of
Section 227 of the Cr.P.C. and Section 239 thereof. In Section 227 the words
used
Sessions under Section 227 in a case triable by it; cases
instituted upon a police report are covered by Section 239 and
cases instituted otherwise ... proceeding
against the accused.' Obligation to discharge the accused under
Section 239 arises when "the Magistrate considers the charge
against the accused
Purna. He had filed an application
under Section 239 of the Cr.P.C. seeking discharge. The application was
::: Uploaded on - 26/09/2019 ::: Downloaded ... under Section 197 of the Cr.P.C. cannot be said to be
a good ground to discharge the petitioner under Section 239
with Section 173, a Magistrate can discharge the accused if he finds the
charge to be groundless by invoking the provision of Section 239 ... view of Section 240, a plea is
recorded under Section 249 and thereafter the matter proceeds for recording
of prosecution evidence under Section
offence punishable under Section 384 read with Section 34 of
the I.P.C. and for the offence punishable under Section ... Prohibition of Child Marriage Act, 2006. They preferred application under
Section 239 of the Cr..P.C. before the Magistrate seeking discharge. The
learned Magistrate
