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
Code of Criminal Procedure , 1973 (for short, hereafter to be
14:16:43 IST
Reason:
referred to as the “ Cr.P.C ./Code ... Section 482 of the Cr.P.C.
11. The learned counsel for the appellant/State, referring
to Section 343(1) Cr.P.C. in particular
Magistrate to discharge the accused under Section 245(2) Cr.P.C. Section 245 Cr.P.C. reads as follows:-
245. When accused shall ... difference in petition filed under Section 245(2) Cr.P.C. Under Section 245(2) Cr.P.C., the Magistrate can discharge the accused
examine additional witnesses is concerned, section
244 Cr.P.C is as follows:
"244. Evidence for prosecution.--
(1) When, in any warrant-case instituted ... nowhere
fettered by any of the provisions contained in
Cr.P.C . Section 244 , Cr.P.C. reads as under :
244. Evidence for prosecution
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 ... Code of Criminal Procedure ('Code' for short) for the trial of a case of this type are sections 244, 245 and 246. Section
present case, the procedure adopted by
the Magistrate was that of trial of warrant case. Section
244 Cr.P.C. provides that when ... prosecution version. As per Section
245 Cr.P.C., if upon taking the evidence recorded to in Section 244
Cr
process to the accused. After their
appearance, PW1 was examined under section 244 Cr.P.C. Exts.P1
to P9 were marked. Both sides ... 244 Cr.P.C. In Mani v.
Joseph (1999(3) KLT 49), this Court had held that, in a
proceeding under section 244 Cr
reproduce
Section 244 Cr.P.C. and the settled law for ready reference, which is as
under :
Section 244 . Evidence for prosecution. (1) when ... witness under Section 244(2) Cr. P.C. .........
Resultantly, the impugned order discharging the
accused under Section 244(1) Cr. P.C. is also
statement of Ramsingh recorded under Section
202 of Cr.P.C. as well as under Section 244 ... Cr.P.C. and the
statement of Ravindra Pratap Singh recorded under Section 202
of Cr.P.C. as well as under Section 244
trial.
4. Complainant, PW-1, in his statement recorded under Section 244 Cr.P.C. on 19.08.2004 supported the prosecution version in all material particulars
