M.P. Gopalakrishnan Nair & Anr vs State Of Kerala & Ors on 20 April, 2005
9. The evidence contemplated is the evidence that was let in after the process has been issued to the accused under Section 204 of the Code. The statement recorded at the stage of inquiry under Section 202 cannot be looked into as at that stage the accused has no right or opportunity of cross-examination. Any evidence that has been recorded at a stage when the accused has no opportunity or right to cross-examination is not an evidence contemplated under Section 245 of the Code. A learned single Judge Of this Court in Gopalakrishnan v. State of Kerala (2001 (2) KLT 767) has considered the question and held that an accused has no right of cross-examination at the stage of Section 244 of Cr.P.C. and the refusal of the Magistrate to permit the accused to cross-examine the witness examined at the stage of Section 244 of Cr.RC. is not illegal.