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
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
this Court under
Section 482 of the Code of Criminal Procedure (hereinafter referred to as ' CrPC ')
for raising a challenge ... Section
311 CrPC for examining additional evidence on the ground that the procedure
prescribed in the Code of Criminal Procedure
Court for either
proceeding under Section 245 or Section 246 of the Code of
Criminal Procedure, the application could be allowed by the
Court ... while considering Sections 244 , 245
and 246 Cr.P.C., the Hon'ble Supreme Court held that the difference lies in
the fact that
stage to alter charge will be available to petitioner under Section 246 Cr.P.C. and this writ petition be disposed of with liberty ... concerned Court by filing appropriate application at the stage of Section 246 Cr.P.C. i.e., framing of charge in a complaint case
Court under Section 173
of Cr.P.C. and after making such examination, if any, Section
240 Cr.P.C., on the other hand, deals ... this regard, the
scheme of provisions under Sections 244 , 245 and 246 Cr.P.C.,
present a situation that after appearance of the accused before
CRL.P No. 100015 of 2019
C/W WP No. 103561 of 2018
THIS CRIMINAL PETITION IS FILED U/S 482 OF ... 2016 (P.C.R.NO.01/2016) U/S 245 & 246
OF CR.P.C. BY THE SENIOR CIVIL JUDGE & JMFC COURT,
YELBURGA
Court held that the procedure adopted by the trial court was not correct because the language of Section 246(1) CrPC itself sufficiently ... para 44)
"44. In Section 246 CrPC also, the phraseology is ''if, when such evidence has been taken', meaning
Judicial Magistrate, Etah under Section 204 Cr.P.C. for an offence under Sections 420 , 467 , 468 , 471 , 218 I.P.C. passed in Case ... Cr.P.C. which provides' evidence for prosecution, thereafter, Section 245 Cr.P.C. provides 'when accused shall be discharged, Section 246
Kashif were cross examined at the stage of Section 246 of Cr.P.C. and witnesses Shahabuddin (PW-3) and R.V. Yadav ... were also examined at the stage of Section 246 of Cr.P.C.
5. Learned lower court after appreciating the evidence of witnesses has held
