( 1 ) BEING aggrieved and dissatisfied by the judgment and order dated 21/06/1984 passed by the Additional Sessions Judge Vadodara. in Criminal Revision Application No. 15/84 quashing and setting aside the judgment and order dated 20/12/1983 passed by the 5th Joint Civil Judge (J. D.) and Judicial Magistrate First Class Vadodara in Criminal Case No. 14741/83 the petitioners have liked this Miscellaneous Application under section 482 of the Criminal Procedure Code for quashing and setting aside the judgment and order passed by the Sessions Court and in the alternative for quashing and setting aside the process issued by the Judicial Magistrate First Class in the Criminal Case No. 14741/83.

( 2 ) AGAINST the said judgment and order opponent No. 1 preferred the revision application before the Sessions Court. The said revision application came up for hearing before the learned Additional Sessions Judge who arrived at the conclusion that once the process was issued the Court had no jurisdiction to drop the proceedings. He also ordered that it would be open to the petitioners to file an appropriate application for quashing and setting aside the process issued by the learned Magistrate.

( 3 ) IN my view the judgment and order passed by the learned Additional Sessions Judge is on the face of it illegal. The allegation against the petitioners is that the petitioners have committed the offences punishable under secs. 406. 420 and 114 of the Indian Penal Code Opponent No. 1 has filed a private complaint for the said offences against the petitioners. The case was a warrant triable one and under sec. 245 (2) of the Criminal Procedure Code the Magistrate has jurisdiction to discharge the accused at any previous stage if for reasons to be recorded by such Magistrate he considers the charge to be groundless. Sub-sec. (2) of section 245 is to the following effect:-" Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if for reasons to be recorded by such Magistrate he considers the charge to be groundless". This sub-section gives ample jurisdiction to the Magistrate to discharge the accused in the circumstances mentioned therein and the order of discharge can be passed at any previous stage of the case. It is clear from the order passed by the Magistrate that he has discharge the accused and he has given good sufficient reasons for discharging them. Therefore the view taken by the learned Additional Sessions Judge is on the face of it illegal and the order passed by him requires to be quashed and set aside. (Rest of the judgment is not material for the reports.) application allowed.

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