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 case based on the groundlessness of the charge.

JUDGMENT :

RENU AGARWAL, J.

1. The present revision under Section 397/401 of the Code of Criminal Procedure has been filed against the judgment and order dated 27.05.2019 passed by the learned Civil Judge (Senior Division) Fast Track/Additional Chief Judicial Magistrate, Ambedkar Nagar in Complaint Case No. 1130 of 2018 (Old Complaint No. 15040 of 2008) under Section 419, 420, 504 IPC.

2. It is submitted that the applicant moved an application for discharge in light of the order of High Court dated 25.03.2019 by which the applicant was given an opportunity to file a discharge application through counsel within 30 days form the date of order. Learned trial court rejected the above mentioned application on the basis of irrelevant consideration as well as against the provisions of Section 245(2) Cr.P.C. as well as spirit of order dated 25.03.2019 passed by the High Court only on the ground that the evidence under Section 244 Cr.P.C. is remained in the proceedings and also that the revisionist had never taken bail. It is also submitted that the revisionist had served as Branch Manager in the U.P. Co-operative Village Development Bank Limited Branch Tanda, Ambedkar Nagar. He joined the said bank on 29.08.1998 and served till 18.08.2003. The revisionist superannuated from is post on 31.07.2004 from the Jalalpur Branch. After superannuation the revisionist left district Ambeadkarnagar and started living at his home in district Basti. The revisionist never served the Bank U.P. co-operative Village Development Bank Limited Branch Tanda District Ambedkar Nagar at the time when the alleged loan transaction took place i.e. 25.05. 1998 and after his relieving he never served at that said bank.

3. It is also submitted that the complainant filed a complaint on 15.12.2007 arraying the revisionist as opposite party No. 4. After recording the statement under Sections 200 and 202 Cr.P.C. the trial court summoned the revisionist by order dated 15.06.2009 under Section 419, 420, 504 IPC. It is also submitted that no case is made out against the revisionist under Section 419, 420, 504 IPC as such on the perusal of the statement under Sections 200 and 202 Cr.P.C. no ingredients has been found for cheating by impersonation. Thereafter trial court issued warrant against the applicant by order dated 08.09.2018. In the month of March, 2019 revisionist filed Criminal Misc. Case No. 1940 of 2019 (Ram Lal Verma Vs. State of U.P and others) against the summoning order dated 15.06.2009 in which the Hon'ble Court was pleased to pass the order dated 25.03.2019 and directed the learned trial court that the discharge application of the applicant shall be heard and decided expeditiously after hearing the parties in accordance with law. The revisionist filed application under Section 245 Cr.P.C. and disclosed true material facts. Learned trial court rejected the application ignoring the fact that the allegation against the revisionist is groundless and the case of the revisionist is fully covered by Section 245 (2) Cr.P.C. It is also submitted that the learned trial court failed to appreciate that the proceedings under Section 245 (2) Cr.P.C. is to be followed than the provisions provisions under Section 245(1) Cr.P.C. Section 245(2) Cr.P.C. dealt with power of trial court discharging an accused even before evidence under Section 244 Cr.P.C. is lead. Learned trial court failed to exercise its jurisdiction under Section 245 (1) Cr.P.C. It is submitted that the learned trial court has rejected the applicant even the case is fully covered by Section 245(2) Cr.P.C. hence it is prayed to set aside the impugned order. Lastly, learned counsel for the revisionist has relied upon the judgment of this Court in the case of Manoj Kumar and Others vs. State of U.P. and Others, 2016 (3) JIC 329 (All.) to contend that Section 245(2) Cr.P.C. is a stage before the evidence of the prosecution under Section 244(1) is completed or any stage prior to that; such stages would be under Secti