In a summon case whether Discharge application is maintainable without appearance/obtaining bail under Section 245 (2) Cr P C? It may be noted that Form 2 in which Summon to Accused is issued asks accused to appear in person or through pleader. If so the lawyer on behalf of Accused may appear in court on receipt of Summon and may file Discharge application before appearance of accused. Pl provide valuable input / case details.
