Application u/s 245(2)
Mahesh Chand Gupta
(Querist) 17 November 2012
This query is : Resolved
A person Mr. X filed a fake complaint case against four persons Mr. A, B, C and D and summoning order were issued under sections 34, 379, 411, 417, 418, 420, 467, 468 and 477 IPC. Mr. A was the main accused and it was stated that Mr. B, C and D were helping Mr. A. Two accused persons Mr. B and C submitted application u/s 245(2) in the court stating that the case is fake giving proper evidences. The court accepted application u/s 245(2) and ordered to the plaintiff to give reply. On reply, plaintiff reduces his charges to very low relieving a person Mr. A from his charges who was the main accused in the plaint. In the meantime, Mr. D approached to High Court u/s 482 for stay of summoning orders. High Court didn't stay the case and allowed bail to be given by the lower court on application of Mr. D. In these circumstances, if Mr. D surrenders in the lower court, whether it will effect the order on application u/s 245(2) submitted by Mr. B and C.
Nadeem Qureshi
(Expert) 17 November 2012
Dear Querist
no, section 245 (2) Crpc has given power to lower court, it will not effected by HC order regarding BaIL.
Feel free to call
V R SHROFF
(Expert) 18 November 2012
It is the discretion of Magistrate.
In ur case , Magistrate directed complainant to file his Say.
So Application u/s 245( 2) will be decided after receiving say and argumentation, with Documentary evidence if any.
HC ruling will not affect your Application
prabhakar singh
(Expert) 18 November 2012
The relief is discretionary.Bail granted or rejected shall not impact other proceedings going in the case.
