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ANIL KUMAR CHOUDHARY
Aziz Fatima @ Aziz Fatma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 01.10.2021 passed by the learned Sessions Judge, East Singhbhum, Jamshedpur in Criminal Revision No. 98 of 2021 whereby and where under, the revision application preferred by the petitioner against the order dated 30.06.2021 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with C/1 Case No. 2568 of 2017; by which the opposite party no.2 has been discharged under Section 245 Cr.P.C. has been dismissed and a second prayer has also been made for quashing the order dated 30.06.2021 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with C/1 Case No. 2568 of 2017 by which the opposite party no.2 has been discharged under Section 245 Cr.P.C. .
3. The brief fact of the case is that the opposite party no.2 was summoned to appear in C/1 Case No. 2568 of 2017 involving the offences punishable under Section 498A, 120B and 379 of Indian Penal Code. After appearance of the opposite party no.2, the case was fixed for before charge
The discretion to discharge the accused under Section 249 Cr.P.C. should be exercised judiciously and not automatically upon the complainant's absence.
In warrant trials not based on police reports, evidence must be led under Section 244 before considering discharge under Section 245 Cr.P.C.
Application which contain some assertion should be verified by person making statements for holding such person responsible regarding its genuineness – However, there is no provision which makes such....
The central legal point established in the judgment is the interpretation and application of Section 245(2) and 245(1) Cr.P.C. in the context of discharging the accused at different stages of the cas....
At the stage of framing of charge, the court is only required to consider whether there is a ground for presuming that the offence has been committed and is not expected to go deep into the probative....
Point of law : Magistrate has the power of discharging the accused at any previous stage of the case i.e. even before such evidence is led. However, for discharging an accused under Section 245(2) Cr....
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