Criminal Law Journal 390, has
considered the matter. While interpreting the words "at any previous
stage" under Section 246(1) ... order of the Sections numbered in the Code
and also with the heading given to Section 246 Cr.P.C., viz., "Procedure
where accused
charge is contrary to the procedure contemplated or
prescribed under Section 246(5) and 246(6) of Cr.P.C.
On these grounds, petitioner-accused ... CrPC is completed or any stage prior to
that. Such stages would be under
Section 200 CrPC to Section 204 CrPC
submits that in terms of sub- Section 4 of Section 246 of Cr.P.C., the accused
were required to state, on the date subsequent ... Magistrate
concerned, requires an interference.
ANALYSIS OF THE PROVISIONS OF SECTION 246 OF Cr.P.C.
8. For making an appropriate analysis of the provisions
read with 120-B IPC and on the same day matter was fixed for recording the statement under Section 246 Cr.P.C. Thereafter ... Court held that the procedure adopted by the trial Court was not correct because the language of Section 246(1) Cr.P.C. itself sufficiently
Court's
proceeding to frame the charge under Section 246 Criminal
Procedure Code. It is obvious that at that stage of framing a
charge ... word used in
Section 246 Criminal Procedure Code is "evidence", so also, in
Section 244 Criminal Procedure Code, the word used
trial court failed to follow the statutory procedure u/s 244
to 246 Cr.P.C. It is further submitted that the anomaly came ... further
contended that the procedure for warrant trial has been clearly laid down in
sections 244 to 246
which the learned Magistrate exercising the power under S. 246 , Cr.P.C. had ordered to frame charge against accused Nos. 1 to 3 therein ... offence punishable under S. 500 , IPC. and ordered as follows :-
"Acting under S. 246 of Code of Criminal Procedure, I order that charge shall
Section 245 (1) of Cr.P.C. and scope of criminal revision under Section 397 Cr.P.C. Section 245 (1) of Cr.P.C. reads ... Section 245 / 246 Cr.P.C. That expression is not used in the Code of Criminal Procedure . But it must be noted that the quality
such Magistrate, he considers the charge to be groundless."
Section 246 Cr.P.C., reads:-
"(1) If, when such evidence has been taken ... learned author B B. Mitra in his Criminal Procedure Code , 16th Edition, has stated :
"One of the distinguishing points between a summons case
warrant offence under Section 245
Cr.P.C., after the enquiry under Section 244 Cr.P.C., a
criminal court is expected under Section ... stage of Section
203 / 204 Cr.P.C. and Section 245 / 246 Cr.P.C. .........
15. ........................................................................................
16. ......... It is not as though the court will
