Section 244 in The Code of Criminal Procedure, 1973
244. Evidence for prosecution.
(1) When, in any warrant-case instituted otherwise than on a police
under Section 245(1) Cr.P.C.
17. The situation under Section 245(2) Cr.P.C. is, however, different.
There, under sub-Section ... Section 246 Cr.P.C. would
include Section 245 also, where the accused has not been discharged
under Section 245 Cr.P.C., while
Cr.P.C., no such direction can be given, where the complaint has been made by the Court. Under Section 203 Cr.P.C ... Cr.P.C. are not relevant for our purpose. It is in fact here, that the previous stage referred to under Section 245 Cr.P
Cr.P.C. employs the words „shall‟ and
„may‟. So when these two words are used together in Sub-Section (1) of
Section 244 Cr ... examined under Section 244
Cr.P.C. Thus, there is no evidence in the form of accomplice evidence
Crl.Rev.P. 516/2008 Page
under under section 397/401 of the Cr.P.C.
8. In view of the provisions contained in section 362 Cr.P.C. and also ... magistrate under section 436 or 437 Cr.P.C . as the case may be. Sections 436 , 437 and 439 Cr.P.C deals with provisions
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 ... Section 246(1) of Cr.P.C. In fact, the Magistrate is also
empowered to discharge the accused under Section
245(2) Cr.P.C
respondent under Section 309 Cr.P.C. Thereafter, the respondent filed a petition under Section 245(2) Cr.P.C. seeking discharge.
8.The petitioner ... recorded under Section 244(1) Cr.P.C. and if under Section 245(2) Cr.P.C., there could be a discharge at any previous
Section 244 Cr.P.C, but the Magistrate is not empowered to entertain any application under Section 245 (2) Cr.P.C. unless the accused ... 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
under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under sub-Section ... frame a charge under Section 246(1) Cr.P.C. If under Section 245(2) Cr.P.C., there could be a discharge
under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under sub-Section ... frame a charge under Section 246(1) Cr.P.C. If under Section 245(2) Cr.P.C., there could be a discharge