this stage, borne in mind that the word used in Section
246 Cr.P.C . is "evidence", so also, in Section 244 ... used is "evidence". Therefore, ordinarily, the
scheme of the Section 246 Cr.P.C. is that, it is only
on the basis
Section 204 Cr.P.C. in respect of all
the aforesaid categories. At the stage of issuance of process under
Section 204 ... committed an offence, the charge is framed against the accused
under Section 246 Cr.P.C. Section 239 Cr.P.C. is reproduced
hereinbelow
covered by the provisions of Sections 244 , 245 and 246 CrPC. He submits that the yardstick for determining if an offence is made ... police report are governed by Sections 244 to 246 CrPC. Sections 244 and 245 which are immediately relevant for the present case read
complainant in view of section 244 Criminal Procedure Code . and either charge is to be framed or the accused or any one of them ... discharged under section's 245 and 246 Criminal Procedure Code . All the accused will be before the trial court and the court will have
case of
documents, proved in accordance with the procedure
CRL.M.C. 2485/2022 Page 9 of 21
Signature Not Verified
Digitally Signed
By:ZEENAT ... considered for the purpose of framing of charges under
Section 246 of Cr.P.C. The complainants contended that the
testimonies recorded prior
accordingly. A2 pleaded not
guilty. He exercised his option under Section 246(4) Cr.P.C. to
recall and cross-examine the prosecution witnesses, namely ... examination, which is a right available to
A2 under Section 246 (4) and 246 (5) Cr.P.C. According to the
learned trial judge
summoning inquiry under Section 200 Cr.P.C. on
Crl. M.C. No.2439/2015 Page 2 of 4
18.04.2012. After the petitioners who were ... warrant case before the court of Magistrate for
further directions under Sections 246 Cr.P.C.. It is trite that evidence
at that stage would
Cr.P.C. The provisions contained in Sections 244 - 246 of Cr.P.C.
Crl. M.C. No.2463/2015 Page ... unrebutted, would warrant his conviction, the Magistrate
shall discharge him.
xxx
246. Procedure where accused is not discharged.--
(1) If, when such evidence has been
246, Criminal ProcedureCode, which enables the Court to convict a person, whocould be convicted either under section 243 or section 245, criminal Procedure Code ... Magistratein that case had obviously exercised his discretion under section 246 , Criminal Procedure Code, which is an enabling section,to convict the accused
have been
closed, as the petitioners' application under Section 311
Cr.P.C. had been allowed, permitting the petitioner to produce
four witnesses ... petitioner was
closed. It was contended that in terms of Section 246(2)
Cr.P.C., after the Prosecution had produced the witnesses
