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
Basnett & Anr.
19. Section 245 Cr.P.C. provides when accused shall be
discharged. Section 245 Cr.P.C. is reproduced herein below ... Respondent Nos. 1 and 2 is
under Section 197 Cr.P.C. Section 197 Cr.P.C. is the mandate
that no Court shall take
Cr.P.C. was closed by the learned predecessor Magistrate, is in clear violation of the statutory bar envisaged under section section 362 Cr ... application under section 245(2) Cr.P.C. without categorically recording any finding of satisfaction as contemplated under section 245(2) Cr
evidence and Section 245(2) Cr.P.C. speaks even before that the Court
may discharge and otherwise under Section 245(1) Cr ... Section 246(6) Cr.P.C. and not Section 246(4) Cr.P.C.
for the reason what Section 246(4) Cr.P.C. speaks
application.
7. It is submitted that on 24.8.2013, the statement under Section 244 Cr.P.C. of opposite party no.2/complainant was recorded before ... Right to Information Act and also the evidence recorded under section 244 Cr.P.C., prayer was made that findings recorded by the revisional court
order of remand, to proceed in
accordance with the procedure prescribed under Section 244 Cr. PC. The
learned Sessions Court has further directed the trial ... trial Court to proceed in accordance with
the procedure prescribed under Section 244 Cr. PC. It is contended that the trial
Court has granted opportunity
police report, is particularly marked in Sections 238 and 239 Cr.P.C. on one side and Sections 244 and 245 Cr ... Section 239 Cr.P.C. that the Magistrate has to consider the police report and the documents sent with it under Section 173 Cr
Criminal Rules and
Order along with the documents to be produced at the time of
recording evidence under Section 244 Cr.P.C. and supply ... police report section 244 of the Criminal Procedure Code
determines the procedure for taking evidence. According to section
244 of the CrPC when
complaint is so withdrawn."
The aforesaid Section 257 Cr.P.C. comes under Chapter XX of Cr.P.C . which provides for trial ... that the provisions of Section 257 Cr.P.C. apply only to summons cases.
In the present case, Section 506
recorded under
Section 244 Cr.P.C., no case is made out. In fact, the basic
ingredients of Sections ... allegations
made in the complaint and in the statements recorded under
Section 244 Cr.P.C. are only against A-1 who died subsequent