warrant offence under Section 245 Cr.P.C., after the enquiry under Section 244 Cr.P.C., a criminal court is expected under Section ... 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
Going by section 247 , Cr.P.C after following the procedure under
section 246 , Cr.P.C the revision petitioner/accused shall be called
upon ... trial
court now, it has to follow the procedure under sections 246 to 248 ,
Cr.P.C.. Though the petitioners attempted to canvass the position
Code of
Criminal Procedure provides for discharge of an accused in a private
complaint after recording evidence under Section 244 of Code of
Criminal Procedure ... Section 246(1) of Code of
Criminal Procedure, if after recording the evidence under Section 244
of Code of Criminal Procedure and considering such evidence
discharge is available under section 245
Cr.P.C. The basis for discharging an accused under Section 245(1)
Cr.P.C is that even ... exercise, the Magistrate has
to find the charge to be groundless. Section 246 Cr.P.C under
Chapter XIX deals with the procedures
Code of
Crl.M.C. Nos.292 and 2247 of 2008 8
Criminal Procedure. If we carefully analyse the provisions of
Section 239 / 240 ... contra distinction to the provisions of
Section 245(i) / 246 Cr.P.C also the higher status given to a police
report is clearly discernible
referred to in Sec. 244 Cr.P.C., the
Magistrate considers for reasons to be recorded that no case
Crl ... stage of Section 244 Cr.P.C to Section 246 Cr.P.C, the
Magistrate has to consider the evidence produced by the
prosecution
below, after inviting my attention to section 246 of
12
Crl.M.C.No.14 of 2013
Cr.P.C ., learned counsel submitted that ... discharge under S.245(1)
of the Code or a charge under S.246 of the
Code. There may be cases where after
examining
permissible nor is in consonance with
the scheme of the Code of Criminal Procedure ."
9. In Kunhali Haji v. State of Kerala ... framing charges within the purport and scope of
Sections 245 & 246 Cr.PC ( Sections 268 & 269 of the
Bharatiya Nagarik Suraksha Sanhita
there is a prima
facie case to frame charge under Section 246 Cr.P.C or not.
2. Short facts borne out from the complaint ... case, stated shortly, is that the power
to frame charge under Section 246 Cr.P.C has to be exercised on
Crl
there is a prima
facie case to frame charge under Section 246 Cr.P.C or not.
2. Short facts borne out from the complaint ... case, stated shortly, is that the power
to frame charge under Section 246 Cr.P.C has to be exercised on
Crl
