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...for respondent no.1 submits that the learned Metropolitan Magistrate has no power to discharge the accused at the stage of framing of notice under Section 251 Cr.P.C....effect of discharge."
(iv) In summons cases instituted upon complaints, there is no provision in the Code of Criminal Procedure to discharge the accused at the stage of...Procedure for discharge of the accused at the stage of framing of notice under Section 251 Cr.P.C. if no prima facie case is made out against him. ...
...the complainant opposite party no. 2 raised a preliminary objection regarding maintainability of the present case. He submitted that Section 251 of the Cr.P.C. is in
...., the offence prescribed under Section 500 of the IPC is to be tried as summons case. The application for discharge filed by the petitioner under Section 251 of the Cr.P.C. deal...Cr.P.C. Similarly, if the case is triable by a court of session, an application for discharge can be filed under Section 227 of the Cr.P.C. However, by no stretch of imagination, it can be said th...
....
4. At the very outset, the learned A.G.A. has raised a preliminary objection with regard to maintainability of the present criminal revision. He submits that the trial of an accused under ...2004 (13) SCC 324 wherein the court has categorically held that discharge can not be claimed by an accused in a case under Section 138 N.I...judgement and order dated 03.02.2023 passed by Presiding Officer, Additional Court No.1, Gautam Buddh Nagar in Complainant Case No. 690 of 2022 (Vikram Pratap Singh Vs. Vineet Kumar) under Section...
...the accused before making an order of discharge. Section 251 A provides a new procedure under the Code and as observed by N.K Sen, J. in Paritosh Khan v. State ...framed that the Court can proceed to summon the evidence under the subsequent sub-sections of section 251-A. On a plain reading of sub-section (2) of section ...to the prosecution and the accused of being heard. The object of the new procedure laid down in section 251-A is to avoid unnecessary delay and harassment to the accused parsons and for this purpo...
...Criminal Revision Petitions Nos. 24, 25 and 26 of 1960 before the Sessions Judge, Adilabad. The State filed Crl. R.P No. 20 of 1960 against the order of discharge of accused 4 to 13. The learned S...evidence as may be produced in support of the prosecution; i.e, when the complainant presents himself and such evidence is made available under sub-section (2) of section 253, n...sub section (1) of Section 253, are not wholly before the court. Therefore, we think that the discharge of the accused under subsection (2) of Sec. ...
...and Police in the Garo Hills District. The order passed by the trial court on 28-6-1968 discharging the accused is either an order of acquittal or an order of discharge. But under ...1. By this application under Section 439, Criminal Procedure Code and/or R. 22 of the Rules for the Administration of Justice and Police in the Garo Hills...Section 251-A(ii) of the Criminal Procedure Code also. As it is not an order of sentence, the provisions of Rule 22(2) are not attracted and as such th...
...Section 251 Cr.P.C has been framed. It is inherent in Section 251 Cr.P.C that when an accused appears before the trial Court pursuant to summons issued...if no case is made out against him. The trial court has to frame notice under Section 251 Cr.P.C only upon satisfaction that a prima facie case is made out. However, in the event of findi...liberty has to be passed by following the principles of natural justice. Order of framing notice under Section 251 Cr.P.C substantially affects the rights of an ...
...outset, the learned A.G.A. representing State- opposite party 1 has raised a preliminary objection regarding maintainability of discharge application filed by revisionist before court below. He submits that admittedly proceeding ...order dated 25.01.2023, passed by Additional Civil Judge (Jr.Div.)- VII/Judicial Magistrate, Jaunpur in Case No.347 of 2020 (Vinod Kumar Vs. Chandrashekhar Bharti), under Section 138...under Section 138 N.I. Act. To buttress his submission, he has relied upon the judgement of Apex Court in Subramanium...
...contra, learned counsel for respondent no. 2 submitted that instant case being a case under section 138 of NI Act is summerely triable and trial court can proceed with the case by following procedure prescribed for trial ...Supreme court in above stated judgement clarified that only provision providing for discharge under the Code in summons cases, Section 258 Cr.P.C. is also not applicable in a complaint case under section 1...required to be explained to the accused and to seek his option as to whether he intends to plead guilty or has any defence to make. Inasmuch as there is nothing like a provision of discharge in a summon case under ...
...party 1 has raised a preliminary objection regarding maintainability of discharge application filed by revisionist before court below. He submits that admittedly proceeding of a complaint case under ...Judge (Sr. Div.)-VII/F.T.C., Jaunpur in Case No.116 of 2018 (Laxmi Narayan Vs. Chandrashekhar), under Section 138 N.I. Act, police station Line Bazar, district Jaunpur, whereby discharge...under Section 138 N.I. Act. To buttress his submission, he has relied upon the judgement of Apex Court in Subramanium Sethuraman Vs. State of Maharashtra and another...
...Sub-section (2) of Section 251-A, the Sessions Judge, under Section 436, may order further inquiry into the case of the accused so discharged.
...Section 324 of the Penal Code against one of the accused persons and discharged the rest.
That case, in fact, ha...Magistrate considers the charge against the accused to be groundless, he shall discharge him.
...
Sub-section (2) of Section 251-A gi...
...Court of Sri A.C Das, Magistrate, 1st Class, for disposal. This time the police complied with the requirements of section 173, Criminal Procedur...251(A), Criminal Procedure Code as the police failed to supply necessary papers as required under section 173(4), Criminal Procedure Code. None of the parties agitated...Moharana lodged First Information Report against the petitioner 27-1-1965. It contained various allegations. One of such allegation was that the accused persons violated an order passed under...
...under Section 251, Code of Crl.Procedure, to discharge the petitioners/accused.2. The petitioners are the accused before the learned Judicial Magistrate for the of...also as an accused and when Section 319, Code of Criminal Procedure enables to cure such defect, the revision petitioners, who are the partners cannot escape by contending...Kerala High Court has held that when the Managing Partner of a firm was prosecuted under Section 138 Negotiable...
...” instead of “discharge”. That position is, however, not correct. As I have said earlier the Magistrate could discharge the accused before the charges were framed against them. Once the charges are framed, the proc...to which the procedure prescribed under Section 251-A of the Cr PC was applicable.3. On 10th January, 1965 the Magistrate recorded the statement of the accused and framed charges...recorded, documents are examined and the parties heard, he frames a charge against the accused under sub-section (3) of Section 251-A, reads and explains the charge to t...
...accused is to be discharged upon the consideration of (a) the documents referred in section 173. (b) the examination of the accused, If necessary and (c) the arguments of both sides. The ...and until the person before the court is as accused and the charge against him found to be groundless no question of discharge of an accused arises under section 251 - a (2). If ...undo the wrong by recalling the order of discharge of passed by him."
17. Once it is established that the person before a criminal court is not an accused charged with any offence th...
...the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 262(2) or 250(2)/251 of B.N.S.S. as the case may be thr...
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 of B.N.S.S...., has been filed for quashing the entire proceedings of Case No. 3744 of 2025, arising out of Case Crime No. 101 of 2024, under Section 9(Kha) of Explosive Act, Police Station Kadaura, D...
...the impugned order examined them under Section 251 of the Cr. P. C. on 30.3.2006. The petitioners have come up with this application challenging the legality, validity and...section 239 of the code which is coming within the Chapter XIX of the Code, is not applicable in summons procedure case. There is no provision in the Code to discharge an accused who is arrested..., granted bail and examined under Section 251 of the Cr. P. C. in connection with summons case. Therefore, the order impugned cannot be said to be illegal, in valid and cannot be...
.../2006 respectively whereby, the learned S.D.J.M Pakur rejected the petitions filed by the petitioner purported to be under Section 251 Cr. P.C for discharge of the ...petitioner/accused said to be under Section 251 Cr. P.C was itself not maintainable in the eyes of law. He further submitted that the case was a summons trial and in summons case...realize the agreemental value.6. Thus, in view of the subsequent development, a petition under Section 251 Cr. P.C was filed by the accused/petitioner before the...
...party array not in the sense the word is used in Section 251-A(2) Criminal P.C but as it is used in ordinary parlance for sending away a person who was not accused of any offence. Accordi...of both sides. The discharge of an accused at any previous stage as under the other procedure in Section 253(2) and for absence of complainant on hearing day as under ...order of discharge passed by him.”24. Once it is established that the person before a criminal Court is not an accused charged with any offence, though his name appeared in the party array the court will hav...
...summons cases arising out of complaints and the Magistrate has to frame the notice under Section
251 Cr.P.C. only upon satisfaction that a prima facie case is made out...under:-
"17. It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued under ...Kerkar (supra) and S.K. Bhalla (supra), the accused are entitled to hearing before the learned Metropolitan Magistrate at the stage of framing of notice under Section 251 Cr.P.C. ...