petitioner had moved the learned Special Court
with an application under Section 239 Cr.P.C. seeking discharge.
The said application was filed ... mechanical manner and without
considering the application filed under Section 239 Cr.P.C. on merit,
disposed it of vide Annexure-3 with the observation
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 application of the
accused-petitioner under Section 239 Cr.P.C. for discharge and framing
charge against him under Section 420 ... Section
415 I.P.C., the impugned order of the learned trial Court in rejecting
the application of the petitioner under Section 239
applications moved by
them demanding their discharge in terms of Section 239
Cr.P.C. were rejected on the grounds stated.
3. The petitioners ... time of framing of charge, the
petitioners claimed discharge under Section 239 Cr.P.C. for
want of sanction, they being the Government Servants
2013/2011, whereby the application filed by the petitioner
under Section 239 Cr.P.C. seeking discharge was rejected,
notwithstanding an earlier remand by this ... charge. At that stage, the petitioner filed an
application under Section 239 Cr.P.C. seeking discharge, inter alia,
contending that substantial lawful income, particularly
applications moved by
them demanding their discharge in terms of Section 239
Cr.P.C. were rejected on the grounds stated.
3. The petitioners ... time of framing of charge, the
petitioners claimed discharge under Section 239 Cr.P.C. for
want of sanction, they being the Government Servants
after rejecting
the application of the Petitioners under Section 227 Cr.P.C. read
with Section 239 Cr.P.C. filed by the Petitioners went ... rejecting the application filed by the Petitioners under Section 227
read with Section 239 Cr.P.C.
16. Mr.Das further submits that
OPID Act , Cuttack,
Odisha, whereby, an application under Section 262 BNSS
read with Section 239 Cr.P.C. moved by her seeking
discharge from ... course of enquiry, the petitioner moved the
application under Section 262 BNSS corresponding to
Section 239 Cr.P.C. before the learned Special Judge, OPID
