244 Cr.P.C. It is worth mentioning here that Section 138 is the summary or summary of the Code of Criminal Procedure in cases ... Sections 254 and 311 Cr.P.C. For ready reference Section 254 Cr.P.C. reads as follows:
"254. Procedure when not convicted
avail remedy under Section 311 CrPC. Thereafter, the revisionist/complainant has moved an application under Section 311 CrPC, which has been ... application under Section 311 CrPC, which was rejected on 10.08.2018. Another application to lead evidence under Section 244 CrPC was rejected
called upon to furnish under Sub-section (1-A) of
Section 204 of the Criminal Procedure Code, the following was
3
observed :
"11. Before ... should not
be fettered either under Section 244 or under sub-
4
section (6) of Section 246 CrPC and full latitude
should
Cr.P.C . which was treated as a complaint. The complainant produced himself U/s 200 Cr.P.C . and witnesses U/s 202 Cr ... Cr.P.C . Thereafter, after cross examination, charges were framed on 01.04.2017 U/s 323, 504, 506 IPC but no charge U/s 452 IPC
discharged‟ by the learned CMM under Section 245 Cr.P.C. and
not „acquitted‟ under Section 248 Cr.P.C. It was stated by learned ... accused
was discharged under Section 245 Cr.P.C. due to lack of evidence or
under Section 249 Cr.P.C. due to absence
statement of complainant was recorded under Section 200 Cr.P.C., and witnesses were examined under Section 202 Cr.P.C, and after that ... matters for which procedure has not been prescribed under SC/ST Act, the procedure prescribed by the Code of Criminal Procedure would apply
conviction.
30. It is next submitted that Section 227
Cr.P.C. and Section 239 Cr.P.C. respectively provide for
discharge being made before ... hand, the stage for discharge under Section 245 is
reached only after the evidence referred to in Section 244
Cr.P.C has been taken
next submitted that Section 245(1)
Cr.P.C. deals with summon trials and Section 245(2) Cr.P.C.
relates to discharge ... Section 245 Cr.P.C.
4. The learned counsel for the petitioner next submits
that the power to discharge under Section 245(1) Cr
Mathura under Sections 394 and 455 I.P.C. is liable to be set aside. Complainant moved application under Section 244 Cr ... framed the charge under Section 394 I.P.C. without evidence. The application of the complainant filed under Section 244 Cr.P.C. has been
provisions of Section- 245(2) of Cr.P.C. must be noted, which is as below:-
"(2) Nothing in this section shall be deemed ... opportunity to produce his evidence under section- 244 Cr.P.C . Undoubtedly, the provisions of Section- 245(2) Cr.P.C. have certain purpose
