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
Cr.P.C., the stage of discharge comes
under Section 245 of the Cr.P.C. In view of Section 245(1) of
Cr ... Section 244 of Cr.P.C. and after
issuing process under Section 204 of Cr.P.C. As observed in Mathew
Crl
accused is governed by Section 245 and 246 Cr.P.C Cr.P.C.
Sections 245 and 246 Cr.P.C. read as follows ... regarding consideration of charge has been prescribed by Section 240
Cr.P.C. Under Section 240 Cr.P.C. existence of grounds for presumption
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
order.
9. Section 245 of the Code of criminal Procedure reads
as follows:-
CRL.R.P.NO.2628 OF 2009 5
Section 245 .When accused ... discharge under section 245 (1) of the Code of Criminal
Procedure, after the evidence of the complainant is over under
section 244 of the Code
learned
Magistrate discharged the accused under Section 245
(2) of Code of Criminal procedure.
5. Section 244 of Code of Criminal Procedure
provides the procedure ... section (1) of Section 245 of Code of Criminal
Procedure provides for discharging an accused after
taking all evidence referred to in Section 244
this order I dispose of this criminal revision petition u/s 397 / 399
Cr.PC filed by the five revisionists against the impugned order dated ... stage u/s 244 Cr.PC. It is alleged that
after summoning the revisionists as accused persons in the aforesaid criminal
complaint on the basis
under Section 324 IPC gives rise to a warrants case,
which is required to be tried as per provisions contained in
Chapter XIX Cr ... procedure for cases instituted
otherwise than on police report is slightly different from those
instituted on a police report. Particularly, Section 244 Cr
statement of Ramsingh recorded under Section
202 of Cr.P.C. as well as under Section 244 ... Cr.P.C. and the
statement of Ravindra Pratap Singh recorded under Section 202
of Cr.P.C. as well as under Section 244
Section 323 Cr.P.C. The power of a Magistrate under Section 323 Cr.P.C. is in addition to his power under Section ... provisions contained in Section 244 Cr.P.C. cannot take away the powers vested in the Magistrate under Section 323 to commit the case
