time of framing of charge as contemplated under section 246 Cr.P.C thereafter charge can be framed on the basis of material on record ... learned courts below and the provisions as contained under section 244 / 246 Cr.P.C, it is evident that the petitioner may have an opportunity
made without the learned trial Magistrate
adopting the procedure contemplated in Section 246 of the Cr.P.C., yet the
said order of discharge ... previous stage, or, at a stage prior to the procedure engrafted in
Section 246 of the Cr.P.C., thus becoming recoursed.
14. However
Safety and Standards Act, 2006.
The complainant was examined under Section 244 CrPC. Charges were framed against accused respondents. The accused respondents pleaded ... Singh himself and witness Munijer Singh got examined under Section 246 CrPC and no other witness was examined.
The accused respondents were confronted
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
also recorded under Section 244 Cr.P.C.
14. The charges under Section 406 IPC and Section 120-B IPC were framed against ... which the accused persons denied and claimed trial.
15. Under Section 246 Cr.P.C. the statement of P.W. 1- Smt. Kalpana
construed to mean only particular sections defining any particular offence in IPC or any other penal law. When an offence is committed, more than ... stage of section 240 Cr.P.C. or section 246(1) Cr.P.C.
Broadly, there are four stages in a criminal proceeding; the stage
Metropolitan Magistrate should have
followed warrant trial procedure as provided under Sections
244 / 245 / 246 of the Cr.P.C. and, thereafter, should have been ... ought to have
followed a warrant trial procedure as provided under Sections
244 / 245 / 246 of the CrPC mentioned in Chapter XIX before
without recording evidence under Section 244(1) Cr.P.C. and even at the stage of Section 244 Cr.P.C., the accused has right ... seen that before framing of the charge under Section 246 Cr.P.C., the Magistrate has to form an opinion about their being grounds
procedure prescribed under Chapter XV of the Code but after summoning of the accused, the trial has to be conducted in accordance with the procedure ... Apex Court has considered the provisions of Sections 244 , 245 and 246 Cr.P.C. in relation to a complaint case.
11. Learned counsel
fettered either under Section 244 or under sub-section (6) of Section
246 Cr.P.C and full latitude should be given to the Magistrate ... list of witnesses furnished
by him under Section 246(6) of the Cr.P.C., but this is not the sole ground on
which
