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
Section (2) of Section 245 of Cr.P.C is
in the nature of exception to Section 245(1) which
Crl ... filed under Section 239 of Cr.P.C for
which the technical objection was raised saying that
Section 239 of Cr
other thing."
Section 245 Cr.P.C., reads:-
"(1) If, upon taking all the evidence referred to in Section 244 , the Magistrate considers ... 244 and 245 Cr.P.C. The words "at any previous stage of the case" found in Section 246 Cr.P.C. only
offense punishable under
Sections 323 , 354 , 447 , 504 and 506 R/w. Section 34 of
the IPC. It is the said criminal case, the accused ... Section 244
Cr.P.C. speaks about recording of the evidence in a
warrant case instituted otherwise than on a police
report. Section 244
filed an application under Section 227 of
Code of Criminal Procedure (" Cr.P.C ." for short) seeking
3
CRL.P. NO.2949/2019 ... application
under Section 245(2) of Cr.P.C. is maintainable prior to
recording evidence before charge.
8. Section 245 of Cr.P.C. reads
Magistrate, in not following the procedure properly
under Sections 244 and 245 of Cr.PC. He contended that
no opportunity was provided to the accused ... under Section 173 of
CR.P.C. and the entire charge sheet papers would be
provided to the accused under Section 207 of CR
substantiate his allegation in the complaint. It is
true that under Section 244 CrPC if the charge is framed, then the
prosecution ... Magistrate should not be fettered either under
Section 244 or under sub-section (6) of Section 246 CrPC and full
latitude should
Anand
r._.__,__(""\-"""'\...ยป-at
5) Sec.244 Cr.P.C. provides that, in any warrarzt
case instituted otherwise than ... rosecuit'zToirI.
Cr.P.C . provides that, if evidence
referred to in Sec.244 ,i considers, for
reasons to be recorded, accused
has been
protects them from being harassed. Section 240 Cr.P.C. speaks about the framing of the charge. Section 241 Cr.P.C. speaks about ... 244 Cr.P.C. onwards upto Section 247 Cr.P.C. govern the procedure to be followed in cases of private complaints. Section 244 Cr
accused,
the sections in Cr.P.C providing for discharge
become redundant. Thus seen the distinction
between section 482 and the sections providing for
discharge ... accused is to frame
charge, for which a procedure is
:: 28 ::
contemplated under section 244 Cr.P.C
for recording evidence for the limited
purpose
