Section 244 in The Code of Criminal Procedure, 1973
244. Evidence for prosecution.
(1) When, in any warrant-case instituted otherwise than on a police
discharge the
accused under Section 245(1) Cr.P.C.
17. The situation under Section 245(2) Cr.P.C. is, however, different.
There, under ... frame a charge under Section 246(1) Cr.P.C. If
under Section 245(2) Cr.P.C., there could be a discharge
parties.
In a warrant case, the procedure provided is contained under Chapter-19 of the Code. Section 239 Cr.P.C. provides that the Magistrate ... Cr.P.C., no such direction can be given, where the complaint has been made by the Court. Under Section 203 Cr
stage it would also be relevant to reproduce
Section 244 Cr.PC:-
" Sec. 244 Evidence for prosecution. (1) When, in any warrant-
case instituted ... before whom the
confession is made is examined under Section 244 Cr.PC. As can be
observed from the conjoint reading of the judgments
section 397/401 of the Cr.P.C.
8. In view of the provisions contained in section 362 Cr.P.C. and also in view ... Cr.P.C . to test the correctness of the orders challenged in this petition.
10. Chapter XIX of Cr.P.C . deals with procedure
244(1) of Cr.P.C.
would disclose that where the Magistrate does not
dismiss the complaint under Section 203 of Cr ... Section 246 Cr.P.C. would acquire
significance. A bare reading of sub-section (6) of
Section 246 Cr.P.C. would disclose that expression
Crl.O.Ps.
Vs
N.K.Mohamed Ali ..Respondent in all Crl.O.Ps.
Criminal Original Petitions filed under section 482 of Criminal Procedure Code ... petitioner amounts to narrowing the scope of Section 244 , Criminal Procedure code, and would actually lead to grave injustice and hardship to the complainants
Code of Criminal Procedure . But the fact remains that in spite of clear direction issued by this Court in their application under Section 482 Cr ... under Section 244 Cr.P.C, but the Magistrate is not empowered to entertain any application under Section 245 (2) Cr.P.C. unless
frame a charge under Section 246(1) Cr.P.C. If under Section 245(2) Cr.P.C., there could be a discharge ... Cr.P.C. This Court held that the procedure adopted by the trial Court was not correct because the language of Section 246(1) Cr
discharge the accused under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under ... frame a charge under Section 246(1) Cr.P.C. If under Section 245(2) Cr.P.C., there could be a discharge