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TMI Blog2006 (7) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... appropriate stage - 2553 of 2005 - - - Dated:- 17-7-2006 - [Judgment]. - Heard the learned Counsel for the petitioners and the learned APP for the respondents. 2. This petition is directed against the order passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai on the application filed by accused Nos. 1 and 2 under Section 245(2) of the Code of Criminal Procedure (for short, "t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocured under coercion, threat or inducement. The prosecution must get an opportunity to place all facts before the criminal court and after examining those facts on the touch stone of the cross-examination either before charge or after the charge then only the independent assessment could be made. The findings in respect of assessment of the statements made by the Tribunal cannot be straight way i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . From the tenor of the order of the Tribunal specially its observations in paragraph No. 15 it is seen the accused have been given a benefit of doubt because the department was unable to establish the link of source of acquisition with clear and identical evidence for the reasons recorded by the Tribunal which have been already discussed by means above. In such a situation atleast to my mind this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al court which may alter the picture of the inference drawn by the Tribunal because there is likely hood that the Court may arrive at some different finding that even arrived by the Tribunal." The learned Magistrate thereafter proceeded to observe in paragraph 15 that it is open for the accused to file discharge application under Section 245(1) of the Code after prosecution leads its evidence be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase and the observations made by the learned Chief Metropolitan Magistrate in paragraphs 12 and 15 of its order dated 18-12-2001, I am satisfied that the following order shall meet the ends of justice. (i) This petition is disposed of as premature. (ii) The complainant to lead its evidence before charge as expeditiously as possible and preferably within a period of six months from the date o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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