Section 244 in The Code of Criminal Procedure, 1973
244. Evidence for prosecution.
(1) When, in any warrant-case instituted otherwise than on a police
under Section 245(1) Cr.P.C.
17. The situation under Section 245(2) Cr.P.C. is, however, different.
There, under sub-Section ... appearing in Section 246 Cr.P.C. would
include Section 245 also, where the accused has not been discharged
under Section 245 Cr
parties.
In a warrant case, the procedure provided is contained under Chapter-19 of the Code. Section 239 Cr.P.C. provides that the Magistrate ... prosecution. Under section 245 (1) Cr.P.C. after taking all the evidence referred to in section 244 Cr.P.C. the Magistrate considers
this stage it would also be relevant to reproduce
Section 244 Cr.PC:-
" Sec. 244 Evidence for prosecution. (1) When, in any warrant-
case ... under
Section 161 of the Criminal Procedure Code, 1973. Therefore,
it is a material piece of evidence collected by Customs officials
under Section
Section 204 is revisable under under section 397/401 of the Cr.P.C.
8. In view of the provisions contained in section 362 Cr ... before magistrate under section 436 or 437 Cr.P.C . as the case may be. Sections 436 , 437 and 439 Cr.P.C deals with
section (6) of Section 246 Cr.P.C. would acquire
significance. A bare reading of sub-section (6) of
Section 246 Cr.P.C. would ... under
Section 246(1) of Cr.P.C. In fact, the Magistrate is also
empowered to discharge the accused under Section
245(2) Cr
Crl.O.Ps.
Vs
N.K.Mohamed Ali ..Respondent in all Crl.O.Ps.
Criminal Original Petitions filed under section 482 of Criminal Procedure Code ... respondent under Section 309 Cr.P.C. Thereafter, the respondent filed a petition under Section 245(2) Cr.P.C. seeking discharge.
8.The petitioner
Code of Criminal Procedure . But the fact remains that in spite of clear direction issued by this Court in their application under Section 482 Cr ... under section 245(2) ,Cr.P.C. for discharge. The stage of section 245 will come into play after the stage of section 244 , Cr
under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under sub-Section ... straightaway to frame a charge under Section 246(1) Cr.P.C. If under Section 245(2) Cr.P.C., there could be a discharge
under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under sub-Section ... straightaway to frame a charge under Section 246(1) Cr.P.C. If under Section 245(2) Cr.P.C., there could be a discharge