Section 239 in The Code of Criminal Procedure, 1973
239. When accused shall be discharged.
- If, upon considering the police report and the documents sent ... with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution
Notwithstanding anything contained in [section 223 of the Code of Criminal Procedure, 1973] [Substituted for the words Section 239 of the Code of Criminal Procedure ... accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898 (5 of 1898), or any other
According to the Learned Counsel for the Respondent, the ingredients of Section 239 Cr.P.C are applicable to warrant cases and in fact ... Section 239 is as under:
239. When accused shall be discharged.
If, upon considering the police report and the documents sent with it under section
follows:
1) Whether the order dismissing an application under Section
239 Cr.P.C is interlocutory in nature?. If so, whether the
revision under ... Section 397(1) Cr.P.C r/w Section 401 Cr.P.C is
maintainable, in view of the bar under Section 397 (2)
accused Umesh Vishwakarma and Narendra Dev moved on 7.12.2019 under Section 239 Cr.P.C. for their discharge.
5. Learned counsel for the applicants submitted ... under the provision of Criminal Procedure Code , 1973 from Section 238 to 243 Cr.P.C. Section 239 of the Cr.P.C. provides that
offence under Section 307 I.P.C. and as such, the case is liable to be committed to Sessions.
7. Section 239 ... under Section 307 I.P.C., which is triable by the Sessions Court. Therefore, the question of discharge under Section 239
offence under Section 307 I.P.C. and as such, the case is liable to be
committed to Sessions.
7. Section 239 ... under Section 307 I.P.C., which is triable by the Sessions Court.
Therefore, the question of discharge under Section 239
respondent.
(vii) Learned Special Judge has failed to follow the
procedure contemplated under section 239 Cr.P.C. at the time of
hearing before charge ... elucidating the material produced along with the report under
section 173 Cr.P.C. Section 239 Cr.P.C. does not envisage any
application
ORDER:
This criminal revision case is filed by the accused under
Sections 397 & 401 Cr.P.C challenging the order in Crl ... filed Crl.M.P.No.305 of
2012 before the II Additional Special Judge for C.B.I Cases,
Hyderabad under Section 239
follows:
1) Whether the order dismissing an application under Section
239 Cr.P.C is interlocutory in nature?. If so, whether the
revision under ... Section 397(1) Cr.P.C r/w Section 401 Cr.P.C is
maintainable, in view of the bar under Section 397 (2)
