Odisha has filed this criminal
revision petition under section 401 of the Code of Criminal
Procedure, 1973 (hereafter ' ... discharge before the learned trial Court either under section 227
Cr.P.C. or under section 239 of Cr.P.C. at the appropriate stage
rejecting the petition dated 17.10.2015 filed by the appellants
under section 239 of Cr.P.C. for discharge and consequently
framing charges under sections ... State reported
in 2003 Criminal Law Journal 1140, it is held as follows:-
"7. Under section 239 of
Odisha reported in
(2021) 84 Orissa Criminal Reports 1.
Principle for discharge of an accused under section 239
Cr.P.C.:
6. Section 239 ... Supreme Court held that a perusal of section 239 Cr.P.C.
shows that the Magistrate has to discharge the accused, if (1) on
consideration
rejecting the petition filed by the appellant under
section 239 Cr.P.C. and posting the case for framing
of the charge.
Page ... passed by the learned trial
Court in rejecting the petition under section 239
Cr.P.C. to discharge him. This Court vide order dated
placed against him under section 12
of the P.C. Act.
3. The petitioner filed a petition under section 239
Cr.P.C. before ... under section 12 of the P.C. Act. Therefore, the learned
trial Court is quite justified in rejecting the petition under section
239
filed this
revision petition under section 401 read with section 397 of the
Code of Criminal Procedure, 1973 to set aside the impugned
order dated ... charges under section 239
or section 240 amount to a trial.
If the trial commenced at the stage of section 239 of
advocate and therefore, he could not exercise
his right under section 239 Cr.P.C. by filing an application for
discharge.
5
5. Framing ... groundless and thereby passing a
reasoned order of discharge under section 239 Cr.P.C. or coming
6
to an opinion that there is ground
section (1) of section 5 of 1988 Act, a
Special Judge in trying the accused persons, shall follow the
procedure prescribed by the ... State reported in
2003 Criminal Law Journal 1140, it is held as follows:-
"7. Under section 239 of
virtue of which the discharge petition filed by the petitioner
under section 239 of Cr.P.C. was rejected and the order dated ... dealt with in accordance Chapter-XIX of
Cr.P.C . Section 239 Cr.P.C. deals with the discharge of an
accused and section
Case No.43 of 2013 in rejecting the application
2
under section 239 of Cr.P.C. filed by the petitioner for discharge
and framing ... State reported
in 2003 Criminal Law Journal 1140, it is held as follows:-
"7. Under Section 239 of
