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
Chapter XIX of the Cr.PC deals with trial of warrant cases by
Magistrates. Under Section 238 Cr.PC., when, in any warrant case instituted ... Cr.PC. of all the witnesses proposed to be examined by
the prosecution, as also the confessional statements recorded under Section
164 Cr.PC
alleged incident has been examined in the evidence u/s 244
Cr.PC on behalf of the complainants. Even if the testimony ... charges under Section 246 of Cr.P.C., unless the
same has been produced and recorded afresh under Section 244 of
Cr
framed against respondent
Nos.1 & 2 under Section 454 / 34 IPC and Section 307 / 34 IPC.
4. Subject application was filed by the prosecution ... State has
preferred subject revision petition.
5. Section 244 Cr.P.C reads as under:-
"244. Evidence for prosecution.
(1) When, in any warrant
virtue of this Petition under Section 482 of the Code of Criminal
Procedure ("the code"), the Petitioner M.G.Attri (Chief Enforcement
Officer ... procedure has to be as laid down under Sections
244 to 250 of the Code. The only distinction between the complaint made
Crl
Sections 244 to 247 of the Cr.P.C. as the said
Signature Not Verified
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procedure under Chapter XIX of the Cr ... Cr.P.C . Sections (225 & 226) and not in accordance with chapter
XIX of the Cr.P.C . Sections (244 to 247). Paragraph
under Section 244(1) Cr.P.C.,
deposed that he served summons to A2 pursuant to which A2
Signature Not Verified CRL.A. 872/2016 ... stage under section 244(1) Cr.P.C. also. What is the evidentiary
Signature Not Verified CRL.A. 872/2016 Page 21 of 26
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Whether a Sessions Judge can review an order passed under
Section 244 Cr.P.C. by his predecessor suo-moto regardless of the
considerations ... have quick glance to Section 244 Cr.P.C. which is reproduced as under :
244. (1) When, in any warrant-case instituted otherwise than
learned MM was required to proceed in terms of Section 244 CrPC. The pre-charge evidence in the form of the statements ... police report are governed by Sections 244 to 246 CrPC. Sections 244 and 245 which are immediately relevant for the present case read
entitled to press that charges under sections 406 and 327 read with section 109 Indian Penal Code be framed against all the accused.
(28) There ... complainant in view of section 244 Criminal Procedure Code . and either charge is to be framed or the accused or any one of them