Code of Criminal Procedure . But the fact remains that in spite of clear direction issued by this Court in their application under Section 482 Cr ... under section 245(2) ,Cr.P.C. for discharge. The stage of section 245 will come into play after the stage of section 244 , Cr
provisions of the Criminal Procedure
Code , 1898 (Old Code), however, after amendment in the Code of Criminal
Procedure , the said requirement was given ... Criminal Procedure Code, the Trial Court
straightaway proceeded to frame the charge.
22. The charge is framed under Section 246(1) Criminal
Procedure Code, which
moved in this matter under Section 245 Cr.P.C. after the evidence under Section 244 Cr.P.C. It is admitted case that ... revisionists to move discharge application after recording the statement under Section 244 Cr.PC. If observations recorded by the concerned Magistrate in the impugned order
Heard learned counsel for the parties.
This criminal miscellaneous
application under Section 482 of Cr.PC has
been filed for quashing the order dated ... evidence under Section 244 Cr.P.C.
In these circumstances, the present
criminal misc. application filed under
Section 482 Cr.P.C. is finally disposed
case, it is necessary to appreciate the
procedure relating to Warrant-trial case which starts from
section 244 Cr ... onwards. For the better appreciation,
section 244 Cr.P.C is reproduced hereunder:
"244. Evidence for prosecution.--(1)
When, in any warrant-case instituted
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
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
case cannot be
indefinitely stalled. Unlike the Code of Civil Procedure , in the Code
of Criminal Procedure , there is no concept of joint trial. There ... adduced by Muruganantham is
recorded under Section 244 Cr.P.C.;
(iii) Therefore, if evidence under Section 244 Cr.P.C. has not
been recorded
different part. Section 245(2) Cr.P.C. is different than section 245(1) Cr.P.C. U/s 245(1) Cr ... Singh was recorded u/s 200 Cr.P.C. The Magistrate did not pass an order of summoning u/s 204 Cr
complaint in her statement recorded under Section 200 Cr.P.C. and that witnesses examined under Section 202 Cr.P.C. have also supported ... Section 245(1) Cr.P.C. are concerned, the accused can be discharged if on the basis of evidence recorded under Section 244 Cr
