Rejection of premature discharge application u/s 245 of crpc

AMAR RANU (Querist) 26 November 2014 This query is : Resolved
Recently,a magistrate trial court has rejected a discharge application on the ground of "premature" made u/s 245 immediately on the completion of pre-charge evidence and secondary evidence.
When exactly such a discharge application should be made?
What is the remedy now?
It is understood that magistrate wants that cross of the complainant is required,which the opposite party has not done and filed above said discharge application.
Whether it is compulsory under the law to complete said crossing of the complainant without which no discharge application can be entertained by the trial court?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 November 2014
The time was right for filing such petition.
File Revision in the High Court.

Nadeem Qureshi (Expert) 26 November 2014
trial court order on your application is completely based on his discretion but if the court pass an order with the remarks that without the cross examination the discharge application is premature then the court can be challenged in revision petition before session court or high court.

if we read the section 245 of Cr.P.C there is nothing mentioned that cross is required but the word is (1) If, upon taking all the evidence referred to in section 244,
so as per this section the magistrate may reject the discharge petition based on the remaining prosecution evidence but can not based on the cross examination.

Feel free to Call

AMAR RANU (Querist) 26 November 2014
On what grounds?

I repeat the said question of law as under:

Whether it is compulsory under the law to complete said crossing of the complainant without which no discharge application can be entertained by the trial court?