awadhesh khadiwala
(Querist) 20 September 2012
This query is : Resolved
An accused person summoned U/s. 498A, 323, 504, 506 IPC. Whether accused person can apply U/s. 245(2) Cr.P.C. for discharged without surrender himself & without getting bail. Please refer case Law if any.
Devajyoti Barman
(Expert) 20 September 2012
Challenge the order of summoning in higher court. Application for discharge would not lie unless the applicants first surrender and apply for bail.
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