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    <title>2006 (7) TMI 101 - HIGH COURT, BOMBAY</title>
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    <description>A discharge plea under Section 245(2) of the Code of Criminal Procedure was treated as premature where the prosecution had not yet been given an opportunity to lead evidence before charge. The court accepted that discharge under Section 245(1) would arise at the appropriate stage after prosecution evidence, and that material relied upon by the accused, including tribunal findings, could not by itself justify discharge before that stage. The accused was therefore left free to seek discharge later, once the prosecution had proceeded with evidence.</description>
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      <description>A discharge plea under Section 245(2) of the Code of Criminal Procedure was treated as premature where the prosecution had not yet been given an opportunity to lead evidence before charge. The court accepted that discharge under Section 245(1) would arise at the appropriate stage after prosecution evidence, and that material relied upon by the accused, including tribunal findings, could not by itself justify discharge before that stage. The accused was therefore left free to seek discharge later, once the prosecution had proceeded with evidence.</description>
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