Facts of the Case

The petitioner had approached the Delhi High Court seeking appropriate directions in relation to an application filed under Section 245(2) Cr.P.C. The discharge application was stated to be pending before the Trial Court for approximately five years without disposal.

During the hearing, learned counsel for the petitioner expressed the intention to withdraw the petition. However, a request was made that the Trial Court be directed to decide the pending application under Section 245(2) Cr.P.C. within a reasonable period. The petitioner further sought exemption from personal appearance through counsel until the disposal of the discharge application.

Issues Involved

  1. Whether the Trial Court should be directed to expeditiously dispose of the petitioner’s application filed under Section 245(2) Cr.P.C. which had remained pending for a considerable period.
  2. Whether the petitioner should be granted exemption from personal appearance through counsel until the disposal of the pending discharge application.

Petitioner’s Arguments

• The petitioner submitted that the application under Section 245(2) Cr.P.C. had remained pending before the Trial Court for nearly five years.

• The petitioner sought a direction for expeditious disposal of the said application.

• The petitioner further requested exemption from personal appearance through counsel until the discharge application was adjudicated.

Respondent’s Arguments

• The order does not record any detailed submissions on behalf of the respondent.

• Counsel for the respondent was present during the proceedings.

Court Findings / Order

• The High Court permitted withdrawal of the petition and dismissed the same as withdrawn.

• Considering the submissions made on behalf of the petitioner, the Court directed the Trial Court to dispose of the application filed under Section 245(2) Cr.P.C. preferably within six months from the date of the order.

• The petitioner was granted exemption from personal appearance through counsel till the disposal of the application under Section 245(2) Cr.P.C.

• The Court further directed that counsel must appear before the Trial Court on the dates fixed.

• A copy of the order was directed to be sent to the Trial Court.

Important Clarification

The High Court did not adjudicate the merits of the petitioner’s discharge application under Section 245(2) Cr.P.C. The Court merely facilitated procedural relief by directing expeditious disposal of the pending application and granting exemption from personal appearance through counsel until such disposal.

Sections Involved

• Section 245(2), Code of Criminal Procedure, 1973 (CrPC) – Discharge in warrant cases instituted otherwise than on police report.
• Related procedural provisions concerning exemption from personal appearance through counsel.

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2010:DHC:8037/VBG02022010CRLMM3122010_143935.pdf

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