Criminal Law Journal 390, has considered the
matter. While interpreting the words "at any previous
stage" under Section 246(1) ... Sections numbered in the Code and also with the
heading given to Section 246 Cr.P.C., viz., "Procedure
where accused is not discharged
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
Criminal Law Journal 390, has considered the
matter. While interpreting the words "at any previous
stage" under Section 246(1) ... Sections numbered in the Code and also with the
heading given to Section 246 Cr.P.C., viz., "Procedure
where accused is not discharged
against them is being tried as warrant case under the Code of Criminal
Procedure since the cognizance order, dated 26.12.2013 misinformed the
accused ... Code of
Criminal Procedure confers the accused with a dual right of cross
examination in warrant cases before framing of charges under Section 244
further submitted
that the procedure followed by the learned Magistrate is
contrary to Section 246 of Cr.P.C. As per this section, after ... were framed
against A1 to A3, A6 and A7 under Section 246 (2) Cr.PC. The accused persons
were questioned on the charges framed against
further submitted
that the procedure followed by the learned Magistrate is
contrary to Section 246 of Cr.P.C. As per this section, after ... were framed
against A1 to A3, A6 and A7 under Section 246 (2) Cr.PC. The accused persons
were questioned on the charges framed against
frame charges against the
accused. The provisions of Sections 244 , 245 and 246
Cr.PC, are reproduced, as under:-
244. Evidence for prosecution.
(1)When ... Supreme Court 2282, has elaborately discussed the
provisions of Sections 244 to 246 Cr.PC and held that
under Section 245 Cr.PC, the Magistrate
proposition that the Magistrate has the power under Section 245(2) Cr.P.C. to discharge the accused at any previous stage ... warrant his conviction, the Magistrate shall discharge him."
44. In Section 246 Cr.P.C. also, the phraseology is "if, when such evidence
High Court's powers under Section 482 of the Code of Criminal Procedure.''
13. Though that pronouncement relates to Magistrate trial cases ... provision of discharge. In procedure prescribed for Session trial cases, there is no such provision like section section 246 CrPC, which is prescribed
complainant led his evidence at
pre-charge stage, under Section 246(4) of Cr.P.C. vide
Exhibit 86.
4. The said witness ... harassment of the trial.
Thirdly, the statutory provision under Section 246 /
246(4) of Cr.P.C. clearly confers such statutory right in
favour
