Magistrate Cannot Discharge Accused U/S 245(2) CrPC Without Recording Reasons & Examining Witnesses

Legal Update: 03.02.2022 - Hon’ble Calcutta High Court held that a Magistrate while discharging an accused under Section 245(2) CrPC has to record reasons showing that no case has been made out and thus cannot simply order for such discharge on the ground that the complainant has failed to show cause by not verifying and affixing proper signature on the application.

Case Details:
Case Name: Supratik Ghosh v. State of West Bengal & Anr
Case No.: C.R.R No. 188 of 2020
Coram: Justice Ananda Kumar Mukherjee