Section 244 comes to an end. This Court has no hesitation in
holding that certainly the stage of Section 244 of Code of Criminal
Procedure ... Section 200 to Section 204 of
Code of Criminal Procedure. When the Magistrate exercises the
power under Section 245 (2) of Code of Criminal Procedure
Court for either
proceeding under Section 245 or Section 246 of the Code of
Criminal Procedure, the application could be allowed by the
Court ... prosecution/complainant either under Section 244 or Section
311 of the Criminal Procedure Code just to fill
jurisdiction under Section
245(1) of CrPC ought to have considered that the evidence recorded under
Section 244 of CrPC would ... this Cr.M.P. is made out
even if the evidence recorded under Section 244 of CrPC is left
unrebutted
complaint under Section 200 of Cr.P.C. and also an enquiry, if any,
made under Section 202 of Cr.P.C. as well ... framed.
15. The Section 200 , 202 and 244 of Cr.P.C. are reproduced
hereunder:
Section 200 . Examination of complaint.- A Magistrate
taking cognizance
under the provisions of Section 244 , Cr.P.C. At this stage an application under Section 245 , Cr.P.C. was filed on behalf ... Criminal Procedure Code .
8. Chapter XIX of the Code of Criminal Procedure deals with the trial of warrant cases by Magistrates. Section 238 to Section
Section
202 of the Cr.P.C. It then appears that co-accused filed an
application in the Patna High Court, Ranchi Bench vide Criminal ... court below is barred by limitation under Section 468 of the
Code of Criminal Procedure.
4. Having heard the submission, I have gone through
Sangeeta Kumari in her statement under Section
244 of Cr.P.C. before the charge not only reiterated the allegations
made in the complaint itself ... Sanjeev Kumar in his statement before the charge
under Section 244 of Cr.P.C. also corroborated the complaint case
and in cross-examination this
After solemn affirmation and inquiry, finding prima facie case under
Section 379 / 387 of the I.P.C against the accused , he was summoned ... evidence brought
before the charge, under Section 244 Cr.P.C, charges were framed under the
aforesaid sections against the sole accused
assaulted him.
Section 245 of the Cr.P.C. provides that if, upon taking all the
evidence referred to in section 244 , the Magistrate considers ... statements,
which are available on record and have been recorded under section 244
Cr.P.C., are sufficient to frame charge against the petitioner. Thus
Section 203 of the Cr PC. In that regard it was further held that once the process has been issued under Section 204 Cr PC ... adduce evidence before charge as envisaged under Section 244 Cr PC and, therefore, the accused persons were not entitled to be discharged at this stage
