Cr.P.C., the stage of discharge comes
under Section 245 of the Cr.P.C. In view of Section 245(1) of
Cr ... Section 244 of Cr.P.C. and after
issuing process under Section 204 of Cr.P.C. As observed in Mathew
Crl
discharge after the evidence of the complainant under section
244 of the Code of Criminal Procedure is over under section 245
(1) of the Code ... after taking
evidence under section 244 of the Code of Criminal Procedure, if
CRL.R.P.NO.2628 OF 2009 7
the revision petitioners apply
procedure prescribed in Chapter XX of the Criminal Procedure Code which prescribes the procedure for trial of summons cases by the learned Magistrate. Section 244 ... Code. Moreover if this extreme contention prevailed that would have the effect of abolishing Section 244(1) of the Code of Criminal Procedure. That section
Judge was recording prosecution evidence as provided under Section 244 of the Code of Criminal Procedure. After completing the recording of prosecution evidence, learned Special ... Code of Criminal Procedure and therefore no charge could have been framed.
5. Chapter XIX of the Code of Criminal Procedure deals with trial
further contended that, Section 244 of Code of
Criminal Procedure, 1973 (for brevity,
hereinafter referred to as ' Cr.P.C .') deals with
recording ... Section 244 of Cr.P.C., are at liberty to
seek their discharge under Section 245 of
Cr.P.C. Sections 244
Indian Penal Code against the
revision petitioner. That complaint was forwarded for investigation
under Section 156 (3) of the Code of Criminal Procedure and after ... preliminary
Crl.R.P. No. 1470 of 2012
2
enquiry in terms of Section 202 of the Code of Criminal Procedure
the protest complaint
accused 1 and 2, filed a
petition U/s.245(2) Cr.PC to discharge the complaint as
CMP.230/14. This was posted ... posted for evidence
Crl.M.C.No.1218 of 2014 : 4 :
of the complainant under Section 244 of Code of Criminal
Procedure. It is seen
Cr.P.C were followed and
summons was issued to the accused. On appearance of
the accused, procedure under Section 244 Cr ... under Section
248 of Cr.P.C., and at worst it could have been only a
discharge under Section 249 Cr.P.C. These infirmities
read with Sec. 34 of
the IPC. After commencement of the enquiry under Sec.244 of the
Cr.P.C., the revision petitioner herein ... were marked under Sec.244(1) of Cr.P.C. PW-1
gave her evidence and stated that she does not know
Cr.P.C. can or ought to be invoked in favour of the petitioners.
4. An indictee facing undeserved criminal prosecution
does, of course, have ... Crl.M.C. No. 4713 of 2008 -: 3 :-
(2) Cr.P.C . or later at the stage of Sec.245(1) Cr.P.C. after
