Court's
proceeding to frame the charge under Section 246 Criminal
Procedure Code. It is obvious that at that stage of framing a
charge ... word used in
Section 246 Criminal Procedure Code is "evidence", so also, in
Section 244 Criminal Procedure Code, the word used
same as per
2 Dr.SSRB, J
Crl.P.No.5220 of 2014
Section 246(2) Cr.P.C. to be read over and explained ... order under Section
6 Dr.SSRB, J
Crl.P.No.5220 of 2014
246(4) Cr.P.C . permit for cross-examination
need be, by coercive process provided under the Criminal Procedure Code . An acquittal under section 248(1) , Cr.P.C. on that ground could ... examination under section 246(1), Cr.P.C.
6. Chapter XIX-B of the Criminal Procedure Code formulates the procedure that has to be followed
such Magistrate, he considers the charge to be groundless."
Section 246 Cr.P.C., reads:-
"(1) If, when such evidence has been taken ... learned author B B. Mitra in his Criminal Procedure Code , 16th Edition, has stated :
"One of the distinguishing points between a summons case
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
such right of cross-examination under Section 244, 245 and 246, Cr.P.C.
The Counsel argues that the term `evidence' as mentioned ... that the use of the word `evidence' in Sections 244 , 245 , 246 ,
Cr.P.C. supports that the accused under those Sections have
such
evidence as was produced in support of the complaint.
Under Section 246 , Cr.P.C. if the accused is not
discharged, then the Magistrate ... support of the prosecution'. Similarly, sub-
section (6) of Section 246 , Cr.P.C. reads as under :
" (6) The evidence of any remaining
Kumar Vs. Mohit Kumar Kankar and another) under Section 246 of the Code of Criminal Procedure (for short " ... recorded and nothing more. This Court observed:
44. In Section 246 Code of Criminal Procedure also, the phraseology is "if, when such evidence
provisions of the Criminal Procedure Code , the same is
liable to be set aside. He would further contend that,
the procedure adopted by the Trial ... accordance with law, as per procedure laid
down under Section 246 of Cr.P.C. In the light of the
above discussion, the impugned order
learned Judge
in a private warrant case following the procedure contemplated under
Sections 244 to 246 Cr.P.C., upon taking the evidence of complainant ... than on a
police report. That being so, the procedure contemplated under
Sections 244 to 246 Cr.P.C. is required to be followed
