Section 245 of CrPC : Section 245: When accused shall be discharged.

CrPC

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Explanation using Example

Example 1:

Ravi is accused of cheating in a business deal and is summoned to court. The case is not based on a police report but on a complaint filed directly by the aggrieved party. During the trial, the Magistrate takes all the evidence presented by the complainant as per Section 244. After reviewing the evidence, the Magistrate finds that the evidence is insufficient to prove Ravi's guilt beyond a reasonable doubt. The Magistrate records the reasons for this decision and discharges Ravi under Section 245(1), stating that no case has been made out against him that would warrant his conviction.

Example 2:

Priya is accused of theft by her neighbor and is brought to court. The case is again not based on a police report but on a direct complaint. During the preliminary stages of the trial, the Magistrate examines the complaint and the initial evidence. The Magistrate finds that the charges are baseless and groundless, as the evidence presented does not support the allegations. The Magistrate records the reasons for this decision and discharges Priya under Section 245(2), even before all the evidence is taken.

Example 3 (West Bengal Amendment):

In West Bengal, Sameer is accused of fraud and appears in court. The case drags on for four years, and the prosecution fails to produce all the evidence required under Section 244. The Magistrate, following the West Bengal amendment to Section 245, decides to discharge Sameer because the prosecution could not produce the necessary evidence within the stipulated four years. The prosecution tries to argue that there are special reasons to continue the case, but the Magistrate is not convinced and discharges Sameer, ensuring that justice is not delayed indefinitely.

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