NATARAJAN Vs. U SHAKILA

JUDGEMENT

(1.) FIVE private complaints filed against five accused containing common allegations and the same were taken on file in C.C.Nos.65 of 1998 to 69 of 1998 by the Judicial First Class Magistrate, Pondicherry for the offences under Secs.405, 420-B, 436 and 465 read with 34, I.P.C. On receipt of summons, Natarajan (A-4) and Sambasiva Reddiar (A-5) filed applications for discharge under Sec. 245(2), Crl.P.C. The trial Court, after considering the submissions made by the counsel for the parties, dismissed the same through separate orders. Assailing the same, the petitioners (A-4 and A-5) have filed these revisions.

(2.) I heard the learned counsel for the parties.

(3.) A perusal of the relevant provisions relating to the trial of warrant cases instituted as private complaint, namely Secs.242 to 247, Crl.P.C, it is clear that the accused can be discharged underSec. 245(2), Crl.P.C. for reasons to be recorded by the trial Court at any previous stage of the case, if the trial Court considers the charge to be groundless.