The trial court must assess all evidence under Section 244 before ruling on a discharge application under Section 245, ensuring the accused's right to cross-examine witnesses.

CAV ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.30749 of 2021 pending before XLII Additional Chief Judicial Magistrate, Bengaluru with particular reference to the order dated 08-10-2024 directing framing of charges against the petitioners for offences punishable under Sections 120B , 167, 177, 182, 192, 193, 196, 197, 198, 199, 200, 217, 218, 409, 415, 420, 464, 468, 471 of the IPC r/w Section 31 (a) and (b) of the Representation of People Act, 1950 r/w Rules 13(1) and 26 of Registration of Electors Rules, 1960 .

2. Heard Sri C.V.Nagesh, learned senior counsel appearing for the petitioners and Sri T.J. Abraham, respondent in person.

3. Facts, in brief, germane are as follows:-

The 1^st petitioner seeks to contest an election from Bidar South Constituency and files application in Form No.6 for inclusion of his name in the Voters’ list/electoral roll in Bidar South Constituency. A private complaint comes to be registered two years after the elections, invoking Section 200 of the Cr.P.C., before the concerned Court against the petitioners alleging various offences in P.C.R.No.112 of 2016. The concerned Court, in terms of its order dated 22-12-2017 registers a criminal case against the petitioners for several offences. The petitioners challenged the said order of the concerned Court before this Court in Criminal Petition No.200086 of 2018. A coordinate Bench of this Court, in terms of its order dated 02-04-2018, dismissed the criminal petition. The petitioners then challenge the said order of dismissal passed by this Court in S.L.P.No.4437 of 2018. The Apex Court, in terms of its order dated 18-05-2018, disposes the S.L.P. directing the trial Court to look in the matter without being influenced by the order of the coordinate Bench of this Court dated 02-04-2018.

4. The matter is then transferred to the Special Court on its constitution on 08-02-2018. Between the years 2020 and 2021, the evidence of the complainant comes to be recorded before the charge - which was hearing before charge. The petitioners then file an application seeking their discharge from the array of accused. The said application comes to be rejected on 16-04-2022 holding that there is no ground to discharge the petitioners and directed framing of charge against the petitioners. This comes to be challenged before the coordinate bench of this Court in Criminal Petition No. 5014 of 2022. The said petition comes to be disposed on 12-09-2022 remitting the matter back to the concerned Court. The concerned Court, again hears the matter and rejects the plea of the petitioners, holding that there are no grounds made out by the accused to pass an order under Section 245 of the Cr.P.C. The petitioners are again back to the doors of this Court in the subject petition.

5. The learned senior counsel Sri C.V.Nagesh representing the petitioners takes this Court through Sections 244 and 245 of the Cr.P.C., elaborates their significance and on the said elaboration contends that the order impugned is completely contrary to Sections 244 and 245 of the Cr.P.C., and, therefore, would contend that the concerned Court has to pass fresh orders in tune with the provision of law under Sections 244 and 245 of the Cr.P.C.

6. Per contra, the respondent in person would refute the submissions of the learned senior Counsel contending that all these submissions were made in the earlier petitions and those have been rejected. He would submit that repeated submissions are made and repeated petitions are filed only to get away with the passing of final order. The order of the concerned Court does not warrant any interference in the case at hand, is his su