- In the case of Supratik Ghosh vs. State of West Bengal and anr. the Hon’ble Calcutta HC has held that the Magistrate, discharging an accused under section 245(2) of CrPC has to be satisfied of the fact that no case has been made out and has to record reasons for the same. Thus, he cannot discharge the accused merely on the ground that the accused has failed to show cause as to why he has not affixed his proper signature on the application.
- In the instant case, the accused had been charged with the offences under section 420 and section and 120B of IPC. The lower Court had discharged the accused under section 245(2) of CrPC on the ground that the application filed by the complainant showing cause as to his absence in Court was not signed by him.
- The complainant, aggrieved by the said order, filed revision petition before the Calcutta HC.
- The HC observed that it is a legal necessity that the Court, while discharging the accused under section 245(2) CrPC has to record the finding that no case has been made out against the accused which would warrant his conviction and the Court has to record the reasons for the said observation. No such finding had been recorded by the lower Court and it seemed to the HC that the lower Court was basing the discharge solely on the fact that the application of the petitioner was not in proper form.
- The Court also observedthat a bare perusal of the impugned section would clearly show that a mere absence of the complainant would not warrant the discharge of the accused. The discharge can be ordered only after taking into consideration the evidence that had already been adduced by the prosecution.
- It was also noted by the HC that the application containing some assertions should be verified by the person making the same by affixing his signature as a matter of procedure, there is no provision which mandates the same. Hence the rejection of the case solely on this basis was highly irregular.
- Thus, the HC allowed the revision and the order of the lower Court was set aside.
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