Section 251 of the
Code of Criminal Procedure that when an accused appears
before the Trial Court pursuant to summons issued under
Section 204 ... against the accused
under Section 246 Cr.P.C. Section 239 Cr.P.C. is reproduced
hereinbelow:
"Section 239. When accused shall be discharged
petitioner/accused thereafter filed an
Crl.M.C.No.3101/2016 Page 2 of 8
application under Section 239 Cr.P.C seeking discharge, which ... settled law that provisions of Section
240 Cr.P.C. are subsequent to Section 239 Cr.P.C. and not vice
versa. Once a charge
challaned call for warrant trial procedure, the petitioners, under
Section 239 of the Code of Criminal Procedure would get sufficient
opportunity to make their submissions ... under Section 239 Cr.P.C. Since efficacious
remedy is available to the petitioners under the scheme of the Code
of Criminal Procedure , they cannot
239 of the Code of Criminal procedure. The learned Metropolitan Magistrate accepted the plea and discharged the respondents under Section 239 of the Code vide ... Metropolitan Magistrate has committed a patent illegality in discharging the respondents under Section 239 Cr.P.C. which has led to miscarriage of justice
discharge the accused under Section 239 of
the Code. Thus, an equally efficacious remedy is available to the
petitioner under Section 239 ... apparent that Section 239 of the Code
of Criminal Procedure provides an efficacious remedy to the petitioner
Crl.M.C.No.2008/2009 Page
concluded as under:-
"16. If the Trial Court has to frame the notice under
Section 251 Cr.P.C. where no prima facie case ... accused if no prima facie case is made out against him
under Section 239 Cr.P.C. whereas in summons cases,
such a power
petitioners moved applications, seeking their
discharge under Section 239 of the CrPC. Respondent
no.2 herein moved an application ... under Section 210
Cr.P.C
25.11.2013 The learned CMM, proceeded to dispose of the two
applications, i.e. an application seeking discharge under
Section
petitioners moved applications, seeking their
discharge under Section 239 of the CrPC. Respondent
no.2 herein moved an application ... under Section 210
Cr.P.C
25.11.2013 The learned CMM, proceeded to dispose of the two
applications, i.e. an application seeking discharge under
Section
Petitions under Article 227 of the Constitution of India read with
Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred
Signature Not Verified ... dated 13.07.2017 wherein the Ld. MM has dismissed
his Application made under Section 239 Cr.P.C. seeking discharge in
Complaint Cases under Section
summoning an accused under Sections 200 to 204 Cr.P.C.
does not fall within the bar of Section 397(2) Cr.P.C. Such ... issuing process under Section 204
of Cr.P.C. is not an interlocutory order. It is significant to note that
Section 204 of
