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 ... appearing in Section 246 Cr.P.C. would
include Section 245 also, where the accused has not been discharged
under Section 245
parties.
In a warrant case, the procedure provided is contained under Chapter-19 of the Code. Section 239 Cr.P.C. provides that the Magistrate ... finds that the charges are groundless, before resorting to procedure provided under section 244 Cr.P.C. he may discharge the accused. It clearly means
produce any document or other thing".
10. Sub-Section (1) of Section 244 Cr.P.C. employs the words „shall‟ and
„may‟. So when ... under
Section 161 of the Criminal Procedure Code, 1973. Therefore,
it is a material piece of evidence collected by Customs officials
under Section
Section 204 is revisable under under section 397/401 of the Cr.P.C.
8. In view of the provisions contained in section 362 ... used in section 244 "when accused appears or is brought before a magistrate".
12. Section 245 comes after section 244 is also reproduced
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 ... that. Such stages would be under
Section 200 CrPC to Section 204 CrPC.
Under Section 200, after taking
cognizance, the Magistrate
Crl.O.Ps.
Vs
N.K.Mohamed Ali ..Respondent in all Crl.O.Ps.
Criminal Original Petitions filed under section 482 of Criminal Procedure Code ... contention of the petitioner amounts to narrowing the scope of Section 244 , Criminal Procedure code, and would actually lead to grave injustice and hardship
Code of Criminal Procedure . But the fact remains that in spite of clear direction issued by this Court in their application under Section 482 ... under section 245(2) ,Cr.P.C. for discharge. The stage of section 245 will come into play after the stage of section 244 ,
charge to be groundless.
23. Essentially, the applicable Sections are Section 244 and 245 Cr.P.C., since this is a warrant trial instituted otherwise ... under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under sub-Section
charge to be groundless.
23. Essentially, the applicable Sections are Section 244 and 245 Cr.P.C., since this is a warrant trial instituted otherwise ... under Section 245(1) Cr.P.C.
25. The situation under Section 245(2) Cr.P.C. is, however, different. There, under sub-Section