charge is contrary to the procedure contemplated or
prescribed under Section 246(5) and 246(6) of Cr.P.C.
On these grounds, petitioner-accused ... CrPC is completed or any stage prior to
that. Such stages would be under
Section 200 CrPC to Section 204 CrPC
which the learned Magistrate exercising the power under S. 246 , Cr.P.C. had ordered to frame charge against accused Nos. 1 to 3 therein ... offence punishable under S. 500 , IPC. and ordered as follows :-
"Acting under S. 246 of Code of Criminal Procedure, I order that charge shall
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
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
this behalf, the procedure to be followed in a trial of warrant cases by Magistrate as laid down under Chapter XIX ... help to know the intent of the Legislature.
4. Sections 244 to 246 , Cr.P.C, laid down the procedure to be followed in cases
take into
consideration the scope of Ss.204, 231, 242, 246 and 254
Cr.P.C . and hence, the impugned order is perverse and
illegal ... either under
Section 244 or under sub-section (6) of Section 246 CrPC and full
latitude should be given to the Magistrate
Cr.P.C. onwards upto Section 247 Cr.P.C. govern the procedure to be followed in cases of private complaints. Section 244 ... accused if no case is made out against the accused. Section 246 Cr.P.C. lays down the procedure where the accused is not discharged
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
provided
under Section 204 , Cr.P.C. Therefore, even though for
dismissal of the complaint under Section 203 , Cr.P.C., the
magistrate ... framing of charge. That could
only be done under Sections 245 and 246 , Cr.P.C. The
learned sessions judge has ignored the mandate
present.
Sri. M.N.R. Adv. filed Application U/s 217 Cr.P.C.
6
For to provide the opportunity for cross
examination ... witnesses, as Spl. P.P. present
orally objected. Further perused the Section 246
Cr.P.C. Further, Section not mentioned shall give
opportunity to cross
