lead evidence
under Section 244(1) Cr.P.C. or to summon its witnesses under Section
244(2) Cr.P.C. This did not happen ... Section 246 Cr.P.C. would
include Section 245 also, where the accused has not been discharged
under Section 245 Cr.P.C., while
prosecution. Under section 245 (1) Cr.P.C. after taking all the evidence referred to in section 244 Cr.P.C. the Magistrate considers ... from Sections 200 to 204 Cr.P.C. and till the completion of the evidence of prosecution under Section 244 Cr.P.C. Thus
order passed under Section 204 Cr.P.C. Section 245 Cr.P.C is part of the procedure relating to trial of warrant cases ... Cr.P.C. The Magistrate cannot recall his order passed under Section 204 Cr.P.C. Therefore, under the garb of Section 245(2) Cr
discharge the accused under Section 245(2) Cr.P.C. Section 245 Cr.P.C. reads as follows:-
245. When accused shall be discharged ... evidence is led under Section 244 Cr.P.C. The words appearing in Section 245(2) Cr.P.C. "at any previous stage
Section 245(2) Cr.P.C. seeking discharge.
8.The petitioner had filed a counter taking the stand that 245(2) Cr.P.C . petition ... keeping with Section 244 Cr.P.C., the learned Senior counsel for the respondent would submit that Section 245(2) Cr.P.C. specifically informs
lead evidence under Section 244(1) Cr.P.C. or to summon its witnesses under Section 244(2) Cr.P.C. This did not happen ... evidence is led under Section 244 Cr.P.C. The words appearing in Section 245(2) Cr.P.C. "at any previous stage
Cr.P.C.
32. Now I shall refer hereto the provisions of Sections 244 and 245 Cr.P.C.
Section 244 Cr.P.C.reads ... charge and proceed further under
Section 246 Cr.P.C. and 247 Cr.P.C . but under Section 245 (2) Cr.P.C. even
before
lead evidence under Section 244(1) Cr.P.C. or to summon its witnesses under Section 244(2) Cr.P.C. This did not happen ... evidence is led under Section 244 Cr.P.C. The words appearing in Section 245(2) Cr.P.C. "at any previous stage
prosecution to lead
evidence under Section 244(1) CrPC or to
summon its witnesses under Section 244(2)
CrPC.This ... proceeds to discharge
the accused under Section 245(1) CrPC.
25.The situation under Section 245(2) CrPC
is, however, different
Magistrate is required to consider the question of framing of charge under Section 245(1) is a preliminary one and the test of "prima ... stage of Sections 227 / 228 CrPC. This Court has observed and held in paras 6 and 7 as under
