KUMKUM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application u/s 482 Cr. P.C. by the complainant of complaint Case No. 34 (c)/ 86. The petitioner has prayed for quashing the order of the magistrate dated 30.9.91 whereby he discharged the accused persons -opposite party u/s 245 (2) Cr. P.C. without recording any evidence. The order of discharge was passed because the complainant had failed to examine any witness despite several adjournments. Section 245 Cr. P.C. reads as follows: "245. When accused shall be discharged. - (1) If upon, taking all the evidence referred to in S. 244, the Magistrate consideres, for reasons to be recorded, that no case against the accused has been made out which, if un -rebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless."

(2.) SECTION 245, Cr.PC. contemplates discharge of the accused at two stages; viz -(i) after recording of all evidence referred to in Section 244 and (ii) at any previous stage of the case.

(3.) THE phrase 'at any previous stage' occurring in Section 245 of the Cr. P.C. can only mean that after the stage of Section 203 is passed, but some evidence is recorded under Section 252 and before all the evidence referred to in Section 244 Cr. P.C. is recorded. He cannot dismiss the complaint and discharge the accused before recording any evidence whatsoever under Section 245 (1) Cr. P.C.