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...of CrPC has been preferred by the Petitioners assailing the order dated 27.11.2015 and the order dated 18.12.2015 passed by the Special Judge (Electricity Act) & First Additional Sessions Judge, Raipur, in Electricity Criminal C...matter thereafter was proceeded for the evidence of the prosecution. On 27.11.2015 in the midst of the hearing, an application under section 239/245 of crpc was filed seeking for discharge of the...section 239/245 of crpc had already been over as it should have been filed at the time of framing of charge or before that, and that subsequently when the matter was also fixed for evidence and more than a...

....Therefore, under Section 245(2) CrPC the proceedings of the case are terminated and the accused is released.”10. A revision application...opportunity to adduce the evidences by the complainant under Section 244 CrPC has passed the impugned order under the provisions of Section 245(2) CrPC which is not legal and proper. Under the provisions...the evidences are taken on record otherwise not, that is to say, passing of order under Section 245 CrPC would be proper and justifiable.”11. An application filed by the appellant be...

...specifically pleaded in the said application that the said discharge was being sought for under sub-section (2) of Section 245 CrPC.19. The essential difference of procedure in...245 CrPC on the other. Under Section 238, when in a warrant case, instituted on a police report, the accused appears or is brought before the Magistrate, the Magistrate has to satisfy himself that he has been supplied the necessary ....24. Now, there is a clear difference in Sections 245(1) and 245(2) of CrPC. Under Section 245(1), the Magistrate has the advantage of the evidence led by the prosecuti...

...take all such evidence as may be produced in support of the prosecution. A bare reading of the provision laid down in Sub-section 1 of Section 245 of CrPC it appears that the learned Magistrate is...245(1) of Criminal Procedure Code, 1973. 1 2 Heard Mr. Subhasish Roy, learned advocate for the... with the said case and discharged all the accused persons by invoking the provision of Section 245(1) of Criminal Procedure Code, 1973. Section 245(1) envisages as follows...

...under Section 482 of CrPC being aggrieved by the order dated 11.8.2016, passed by Additional Chief Judicial Magistrate, Gwalior in Complaint Case No. 830/2016, whereby the application filed by the applicant under Section ...registered as Criminal Case No.830/2016 for the offence punishable under Section 138 of the NI Act. In this criminal case, the petitioner filed an application under Section 245 of CrPC submitting that the...CrPC has been rejected. 2. The brief facts of the case are that a complaint was instituted by the complainant/respondent before the...

...had tried to smuggle four zipper bags containing 58 kgs of Saffron on 08.11.2004 at CSI Airport, Sahar, Mumbai. ii) An Application for Discharge under section 245 of crpc 1973 dated...Page 0721 1. The petitioner is the sister-in-law of the detenu, one Syed Mohammad Kalanter Zadeh, who has been detained under the...Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the "COFEPOSA...

...filed an application under Section 245 of CrPC, praying for discharge on the ground that the complaint was maliciously filed. After hearing the arguments, the learned Trial Court discharged the accused... IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE...SHRI JUSTICE MILIND RAMESH PHADKE ON THE 2ndOF SEPTEMBER, 2025 CRIMINAL REVISION No. 761 of 2012 VINOD SHARMA Versus...

..., 324, 323 and 506 IPC and issued process against the accused, fixing the matter for arguments before charge. The accused filed an application under Section 245 of CrPC, praying for discharge on the...interference under Section 482 CrPC. Accordingly, the present petition under Section 482 of the Code of Criminal Procedure, 1973, is dismissed. pwn* 5 ... IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE...

...submitted by counsel for applicant that the applicant had filed an application under section 245 of CrPC on the ground that since the alleged act was committed by the applicant in discharge of his...the accused has committed any offence while acting or purporting to act in discharge of official duty then sanction under section 197 of CrPC would be required. 9. The only question fo.... 13. So far as the prayer for adjournment is concerned, the same does not appear to be bonafide. The scope of interference under section 482 of CrPC is well known. The requirement...

...of prima facie material sufficient for framing charge, but has framed charge in accordance with section 245 (1) of the crpc. Learned counsel further submits that at the time of framing charge after.... 6. As per orders of both the Courts below, the trial Court has framed charge against the petitioner in terms of Section 245 of the CrPC which reads thus, "245. When accused shal...case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless." 7. At the time of framing charge in accordance with Section 245 of the CrPC, the...

...while dealing with the provisions of Sections 227, 228, 239, 240, 241, 242 and 245 CrPC, has consistently held that the court at the stage of framing of the charge has to apply its mind to the question...S.A Bobde, J.— This is an appeal by four persons who have been added as accused under Section 319 of the Code of Criminal Procedure, 1973 (for short “CrPC”) in Sessions Trial...had got relief by way of discharge under Section 227 CrPC. The respondent State preferred a criminal revision application before the High Court.3. The High Court set aside...

...for discharge is being considered has attracted this Court's attention on a number of occasions. It is appropriate to take note of the leading precedents on the subject. Insofar as Section 245, CrPC is concerned, t...Sections 244 and 245 CrPC on the other. Under Section 238, when in a warrant case, instituted on a 11 227. Di...evidence, firstly, before the charge is framed and secondly, after the framing of the charge. Of course, under Section 245(2) CrPC, a Magistrate can discharge the accused at any...

..., 2015 passed by learned Metropolitan Magistrate, 16th Court at Calcutta dismissing an application under section 245 CrPC on different grounds. At the time of hearing the petition under...section 245 CrPC learned Magistrate ought to have examined under section 244 CrPC. Section 245 CrPC is interdependent with section 244 CrPC. Naturally, learned trial court ought t...CrPC. The learned trial court is directed to proceed with the case in the light of above observation. 2Certified photostat copy of this order, if applied for, shall be given to the parties....

...provisions of Section 245 CrPC directed the appellant to file application for his discharge before the trial court. This approach of the High Court is erroneous and contrary to the law laid down by....6. Then the appellant moved the High Court under Section 482 CrPC to quash the proceedings against him. It was the case of the appellant that he came to know about the criminal complaint only when...this Court. The High Court ought to have allowed the application of the appellant under Section 482 CrPC as the complaint does not attract the ingredients of Sections 34, 379, 411, 417, 418, 467, 468...

...of the Judicial Magistrate, Tambaram, Chennai, against the appellant and her husband. The accused appeared before the Magistrate and filed an application under Section 245 CrPC raising inter alia preliminary objections that...under Section 245 CrPC in which she had categorically denied her signature on the cheque and its delivery to the respondent besides raising other preliminary objections in opposition to the complaint filed by the respondent under Se...at Madras, involves a question with regard to the scope of the powers of the Magistrate under Section 243 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”). It arises out ...

...itself if the courts below had taken into consideration the effect of Section 245 CrPC and its applicability to the necessary material on record, keeping in mind the basis of the complaint, the...evidence as may be produced in support of the prosecution.”Section 245(1) says that:“(I)f, upon taking all the evidence...482 CrPC, which saves the inherent power of the High Court, to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice, has to be...

..., firstly, before the charge is framed and secondly, after the framing of the charge. Of course, under Section 245(2) CrPC, a Magistrate can discharge the accused at any previous stage of the case, if he...file an application under Section 245(2) CrPC on the ground that the charge was groundless.24. Now, there is a clear difference in sections 245(1) and 245(2) of crpc. under section ...under Section 245(2) CrPC is, however, different. There, under subsection (2), the Magistrate has the power of discharging the accused at any previous stage of the case i.e even before such evidence...

..., after the framing of the charge. Of course, under Section 245(2) CrPC, a Magistrate can discharge the accused at any previous stage of the case, if he finds the charge to be WPCR-113-12...application under Section 245(2) CrPC on the ground that the charge was groundless. 24. Now, there is a clear difference in Sections 245(1) and 245(2) of CrPC. Under Section ...under Section 245(2) CrPC is, however, different. There, under sub- section (2), the Magistrate has the power of discharging the accused at any previous stage of the case i.e. even before such...

...of the Judicial Magistrate, Tambaram, Chennai, against the appellant and her husband. The accused appeared before the Magistrate and filed an application under Section 245 CrPC raising inter alia preliminary objections that...under Section 245 CrPC in which she had categorically denied her signature on the cheque and its delivery to the respondent besides raising other preliminary objections in opposition to the complaint filed by the respondent under Se...at Madras, involves a question with regard to the scope of the powers of the Magistrate under Section 243 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”). It arises out ...