https://www.taxtmi.com/caselaws?id=425113 An application for discharge under Section 245(2) CrPC is maintainable only after cognizance has been taken and at a legally cognizable previous stage of the case, not before the complaint is taken on file. Where a complaint is merely presented and adjourned at the check and call on stage, without numbering, sworn statement, or judicial application of mind to the allegations, cognizance has not yet been taken. In that situation, the statutory power of discharge is not attracted, so a request to drop the proceedings is premature and not maintainable. The complaint may then proceed in accordance with law. en-us Thu, 14 Jul 2022 00:00:00 +0530 Sat, 16 Jul 2022 09:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=425113 An application for discharge under Section 245(2) CrPC is maintainable only after cognizance has been taken and at a legally cognizable previous stage of the case, not before the complaint is taken on file. Where a complaint is merely presented and adjourned at the check and call on stage, without numbering, sworn statement, or judicial application of mind to the allegations, cognizance has not yet been taken. In that situation, the statutory power of discharge is not attracted, so a request to drop the proceedings is premature and not maintainable. The complaint may then proceed in accordance with law. Case-Laws Customs Thu, 14 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=425113