Criminal Procedure Code, 1973
Section 239—Discharge of respondent—Challenged—Entire material placed on record in support of a charge-sheet will be taken on its face value at the stage of framing of charge—In fact, Section 239 of CrPC, which regulates trial of warrant cases on police report by Magistrate, specifically provides that the Magistrate can discharge the accused, if charge against the latter is groundless—Magistrate while passing order on charge had correctly appreciated the facts and evidence on record and framed charges against second respondent—Special Judge erred in discharging second respondent under Section 239 of CrPC—Impugned order of Special Judge is set aside and that of the Magistrate is restored—Petition allowed. [Indian Penal Code, 1860, Section 506]
[Paras 10 to 15]
Indian Penal Code, 1860
Section 506—Criminal intimidation—Order of Magistrate framing charge set aside by Special Judge in revision—Challenged—Statement of petitioner with respect to presence of second respondent along-with other accused persons and other unknown persons armed with a firearm and statement of prosecution witness confirming same on the day of incident, prima facie discloses commission of offence under Section 506 read with Section 34 IPC—Special Judge erred in discharging second respondent—Impugned order passed by the Special Judge is set aside and that of the Magistrate is restored—Petition allowed. [Criminal Procedure Code, 1973, Section 239]
[Para 14]