ASHUTOSH KUMAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 13.10.2004 passed by the Chief Judicial Magistrate, Banka in Case No. 560/99 under which he has refused to discharge the petitioners under the provision of Section 245(1) Cr.P.C.

(2.) HEARD both the sides.

(3.) SECTION 245(1) Cr.P.C. reads as follows: 245. When accused shall be discharged.- (1) If, upon taking all the evidence referred to in SECTION 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.