TaxTMI 
TaxTMI 
2007 (11) TMI 229
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....harge application in Crl. M. P. No. 3457 of 2001 under section 245(2) of the Criminal Procedure Code. The respondent has also filed its counter- statement and the petitioner herein has also filed a reply statement. It is also seen that the petitioner has filed additional grounds in Crl. M. P. No. 3457 of 2001. (ii) According to the petitioner, the said criminal miscellaneous petition was posted for enquiry on November 12, 2007, and on that date the petitioner insisted that the petition should be taken up for hearing and to that effect a memo has also been filed. The petitioner has also filed a petition under section 309 of the Criminal Procedure Code on November 12, 2007, praying the court not to examine the witnesses till the disposal of ....
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....y an exception. The general rule is examination of witnesses under section 245(1), Cr. P. C. Here also the defence counsel has not produced any documents that in this case also discharge petition may be taken up on priority, stating that charges are groundless. Hence, this discharge petition may be taken up for disposal after recording the evidence under section 245(1), Cr. P. C. Hence, at this stage this petition is dismissed." 5. According to learned senior counsel for the petitioner, the abovesaid order passed by the court below is against law and the learned Magistrate ought to have taken up the discharge application and disposed of the same one way or the other and without disposing of the discharge petition and keeping the same pen....
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....ion filed under section 245(2) of the Criminal Procedure Code as early as on October 7, 2000, is kept pending for the past seven years. As seen from the memo filed in Crl. M. P. No. 3099 of 2007 arguments on the discharge petition seem to have been advanced for about one-and-half hours and thereafter the petition seems to have been adjourned. The question regarding the maintainability of the petition under section 245(2) of the Criminal Procedure Code and its acceptability on the merits could and ought to have been gone into by the court below and the said petition should have been disposed of on the merits, but instead the court below has posted the case for examination of the witnesses keeping the said petition pending. Such a procedure i....