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Moosa vs Jomon Puthanpurackkal on 26 October, 2005 cites

Ratilal Bhanji Mithani vs The State Of Maharashtra & Ors on 28 September, 1978

After process was issued to the accused as provided under Section 204 of the Code, the evidence of all the prosecution witnesses has to be taken by the Magistrate. It is only after considering the statements so recorded and the materials placed, the Magistrate can decide whether a case has been made out or the accused is to be discharged. If a prima facie case is made out, the Magistrate is bound to proceed further under Section 246 and frame the charge. The Apex Court in Ratilal Bhanji v. State of Maharashtra (AIR 1979 SC 94) page 101 held as follows:
Supreme Court of India Cites 12 - Cited by 111 - R S Sarkaria - Full Document

Chandra Deo Singh vs Prokash Chandra Bose & Anr on 22 January, 1963

The question therefore is whether an accused has a fight and also has an opportunity to cross examine a prosecution witness examined during the course of inquiry under Section 202 of the Code. Eventhough the accused could be present in an inquiry under Section 202 of the Code, he has no right to participate in the inquiry much less a right to cross-examine the witness. His presence could only be with a view to be informed of what is going on. Apex Court in Chandra Deo Singh v. Prakash Chandra Bose settled the position that an accused during the course of inquiry under Section 202 has no right at all to cross examine any witness examined on behalf of the prosecution. It was held:
Supreme Court of India Cites 16 - Cited by 1434 - J R Mudholkar - Full Document
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