ground for presuming that he has committed an offence. What Section 239 Cr.P.C. prescribes is not, therefore, an empty or routine formality ... under Section 409 , 419 , 420 IPC and Section 13(2) Prevention of Corruption Act and the discharge application under Section 239 CrPC
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
under Section 245(1) CrPC.
25.The situation under Section 245(2) CrPC
is, however, different. There, under sub-
section ... evidence is led under
Section 244 CrPC. The words appearing in
Section 245(2) CrPC “at any previous stage
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
been passed without complying with the provisions
of Section 239 of Code of Criminal Procedure (herein after Cr.P.C ) and
the learned trial Court ... trial court under Section 239 and the High
Court under section 482 of the Code of Criminal
Procedure, 1973 is not called upon to embark
whom a case under Section 125 of Representation of People Act has been registered. The application for discharge under Section 239 ... Code of Criminal Procedure , the accused has a right to move the application for discharge under Section 239 Cr.P.C. and if that application
behalf, making them liable under Section 109 IPC read with Section 13(2)
read with Section ... abetting the commission of the offence. Pending
criminal case, the accused/respondents moved an application under Section
239 Cr.P.C. seeking discharge from
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
petitioner, A3, filed a petition in Crl.M.P.No.2918 of 2022 under
Section 239 of Cr.P.C, seeking his discharge from ... committed the offence. The word "groundless" used in
Section 239 CrPC means that the materials placed
before the court
sent to the Court under Section
173 of Cr.P.C. and after making such examination, if any,
Section 240 ... Crl.) 85 (AP)
37
AVRB,J
Crl.R.C. No.969/2022
enclosed thereto under Section 173 of Cr.P.C. and further by
making
