Pending
the above case, A1 and A2 filed separate petitions invoking Section 239
Cr.P.C., in Crl ... accused/respondents filed separate
petitions in Crl.M.P.Nos.205 and 206 of 2016 under Section 239 Cr.P.C.
seeking discharge. After hearing
herein have filed
separate petitions in Crl.M.P.Nos.146 to 148 of 2013 under Section 239
Cr.P.C. seeking discharge. The learned ... applied at the stage of Section
227 or 228 of the Code of Criminal Procedure , 1973. At this
stage, even a very strong suspicion founded
trial court under Section 239 and
the High Court under Section 482 of the Code of
Criminal Procedure is not called upon to embark
upon ... Crl.O.P.No.9151 of 2023 and Crl.RC.Nos.486 and 1388 of 2023
under Sections 239 and 240 of the CrPC
Section
120-B read with Sections 420 , 409 and 477-A of the Indian
Penal Code, 1860 ( IPC ) and Section 13 (2) read with Section ... punishable
under Sections 120B , 409 , 419 , 420 , 468 , 471 and 477A IPC
and under Sections 9 , 11 , 12 , 13 (2) read with Section
question of framing charge under Section 227 of the Code in sessions cases (which is akin to Section 239 CrPC pertaining to warrant ... evidence is led under Section 244 CrPC. The words appearing in Section 245(2) CrPC ?at any previous stage
such a construction is made, sub-section (5) of Section 173 of the Code of Criminal Procedure shall become meaningless."
28. However, in State ... trial court under Section 239 and the High Court under Section 482 of the Code of Criminal Procedure is not called upon to embark upon
question of framing charge under Section 227 of the Code in sessions cases (which is akin to Section 239 CrPC pertaining to warrant ... evidence is led under Section 244 CrPC. The words appearing in Section 245(2) CrPC "at any previous stage
framing charge under Section 227 of the Code in sessions cases (which is akin to Section 239 CrPC pertaining to warrant cases ... evidence is led under Section 244 CrPC. The words appearing in Section 245(2) CrPC "at any previous stage
discharge the accused under
Section 245(1) CrPC.
25. The situation under Section 245(2) CrPC is,
however, different. There, under ... 2024 20:33:44 :::CIS
13
Section 244 CrPC. The words appearing in
Section 245(2) CrPC "at any previous
evidence is led under
Section 244 CrPC. The words appearing in
Section 245(2) CrPC "at any previous stage ... charge in
terms of Section 240 CrPC.
7. If charges are framed in accordance with
Section 240 CrPC on a finding
