ORDER

I.A. No. 1558 of 2017

The present I.A. has been filed on behalf of the petitioner for discharge under Section 245(2) Cr.P.C. in Original Criminal Miscellaneous No. 2 of 2014 initiated in C.P. No. 17 of 1999 wherein cognizance has been taken for offence alleged under Sections 454(5) and 454(5A) of the Companies Act, 1956 against the petitioner.

2. On an earlier occasion, a preliminary objection was raised on behalf of the Official Liquidator, submitting that the petition for discharge was not maintainable under Section 245(2) of the Cr.P.C. The petitioner then filed I.A. No. 970 of 2018 with a prayer to consider the discharge petition also under Section 251 of the Cr.P.C. Such prayer of the petitioner was allowed by order no. 38 dated 23.08.2018 with the observation that the original application be amended to the extent that it be treated as having been filed under Sections 245(2) and 251 of the Cr.P.C.

3. When the discharge petition was taken up for consideration on merits, a similar preliminary objection has been raised by learned counsel for the Official Liquidator with regard to its non-maintainability under Section 251 of the Cr.P.C. It is submitted that Section 251 occurs in