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ARTICLE · 20 SEPTEMBER 2018

Maintainability Of Revision Petition Before Pre-Charge Evidence

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That on application of the accused under Section 245(2) of the Cr.P.C, the Magistrate has the power to discharge the accused at any stage falling under the scope of sections 200 to 204 Cr.P.C. and till the completion ...

IndiaLitigation, Mediation & Arbitration
Vijay Pal Dalmia
Vijay Pal Dalmia
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By Vijay Pal Dalmia, Advocate
Supreme Court of India and High Court
Mobile: +91 9810081079
Email: [email protected]
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That on application of the accused under Section 245(2) of the Cr.P.C, the Magistrate has the power to discharge the accused at any stage falling under the scope of sections 200 to 204 Cr.P.C. and till the completion of the evidence of prosecution under Section 244 Cr.P.C.

Reference in this regard may please be made to the judgment of Hon'ble Supreme Court in Ajoy Kumar Ghose vs. State of Jharkhand and Ors., MANU/SC/0406/2009 / AIR2009SC 2282. The relevant extract from the judgment is as under:

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