..., he can discharge the accused persons. Even prior to the completion of evidence under Section 244(2) of Cr.P.C. also, if the Magistrate for any reasons cannot proceed...before the Court for completion of the complainants evidence u/s.244 of Cr.P.C. At this juncture, the petitioner has approached this Court for quashing of the entire proceedings on the ground of delay in...against the accused persons, then also he can discharge the accused. The petitioner ought to have invoked the provisions of Section 245 of Cr.PC instead of Section 258 of Cr.P.C...

...Section 244(2) of Cr.P.C to examine three more witnesses, namely, the Manager, Corporation Bank, Pondicherry, the Manager, Bank of Baroda, Pondicherry, the Manager, the Pondicher...Instruments Act, in C.C No. 159 of 2007 on the file of the Judicial Magistrate-II Pondicherry. After examining herself as PW1, a petition was filed by the respondent/complainant under...Prayer:- Petition filed under Section 397 & 401 Cr.P.C praying to set aside the order passed by the II Additional Sessions Judge, Pondicherry, dated 11.01.2011...

..., 504, 506 of IPC. Thereafter, the criminal complaint case was fixed for recording of evidence under Section 244 of Cr.P.C2) The complainant-applicant was granted opportuni...Cr.P.C was moved by the complainant-applicant.3) Section 244 of Cr.P.C provides as under:“244. Evidence for prosecution -(1) When, in any warrant-case instituted othe...prosecution.(2) ………………………………….”4) It will also be useful to reproduce Section 245 of Cr.P.C for the sake of convenience. The same reads as under...

...case instituted on a complaint i.e instituted otherwise, than on a police report. Section 244(1) of Cr.P.C require the magistrate to take all such evidence as produced in support of the prosecution i.e com...evidence referred to in Section 244 of Cr.P.C, the magistrate considers for reasons to be recorded, that no case is made out, which if unrebutted would warrant his conviction. Section 245(2) of ...maybe. 21. Section 204(2) of Cr.P.C mandates that the summons or warrant shall not be issued to the accused until a list of prosecution witnesses has been filed and...

...of Cr.P.C. In the said petition, the de facto complainant filed an application under Section 244 (2) Cr.P.C. praying the Court to call for certain documents in...complainant on filing of final report by the investigation agency. The learned Magistrate erred in invoking the provision under Section 244 (2) Cr.P.C. in the absence of...as an order under Section 244 (2) Cr.P.C. and the Magistrate is at liberty to hold an enquiry on the basis of the complaint filed by the complainant. Heard...

...been framed by the trial court after recording the before charge evidence under section 244 of the Cr.P.C. 2. The facts giving rise to this petition in short are that the... 6 of warrant case, the trial court was bound to adopt the procedure provided between section 244(2) of the Cr.P.C...evidence as per provision of of section 244 of the Cr.P.C and also is in consonance with the averments of the complaint as well as the other available papers placed on the record along with the...

...between section 244(2) of the Cr.P.C and onwards of such chapter. Accordingly by adopting the same, the before charge evidence was recorded and after recording such evidence, the stage of framing the...evidence under section 244 of the Cr.P.C was also recorded by the trial court. The impugned case being private complaint of warrant case, the trial court was bound to adopt the procedure provided...applicant for the offence of section 498-A of the IPC. It is noted that the aforesaid charge has been framed by the trial court after recording the before charge evidence under section 244 of the...

...any party to produce any document or any further evidence or to summon any witness that exercise can be done by the learned trial court on an application of prosecution under Sub-section 2 of Section ...A.G.A. for respondent nos.1,3 and 4. Notice to respondent no.2 is dispensed with in view of the proposed order. The present application under Section 482 Cr.P.C. read with Section...the statements under Section 200 Cr.P.C. and Section 202 Cr.P.C., in detail, has found prima facie case against accused Ram Balak and has summoned him. So far as adding or altering sections in...

...-charge evidence is mandatory. For this purpose, as per Section 244(2) of 8 Cr.P.C. and under Section 267(..., under Section 245 of Cr.P.C. The revision petitioner is the complainant in the above case. 2. Heard the learned counsel for the revision petitioner/original complainant...Section 190 r/w 200 of Cr.P.C. (CMP No.2302/2015), the 2 learned Magistrate took cognizance for the offences...

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...due to non appearance of opposite party no. 2, opportunity of evidence under section 244 Cr.P.C. was closed vide order dated 15.12.2017. On application, an opportunity was given to opposite party ...appearance of the applicants the case was fixed for evidence under section 244 Cr.P.C. Although in absence of opposite party no. 2, the opportunity of evidence under section ...trial court. Thereafter on the application of opposite party no. 2, learned trial court has given opportunity to the opposite party no. 2 to produce evidence under section 244 Cr.P.C. The trial co...

...to file an application under Section 245 Cr.P.C. as well as to raise their arguments under sub-section 2 of Section 244 Cr.P.C., though there is a prayer that applicants be prote...before this Court are aggrieved by the impugned order dated 1.11.2022 passed in a Complaint Case, under section 204 Cr.P.C., whereby applicants have been summoned under..., which suffers with malice and malafide. He further submits that in statement recorded under Sections 200 and 202 Cr.P.C., injury report has not been placed on record as well offence under Section 427...

..., however, observations made therein may not be considered to be a bar for applicants to file an application U/s 245(1) or (2) Cr.P.C., as the case may be, after the stage of Section 244 Cr.P.C...under Sections 245(1) or 245(2) Cr.P.C., as the case may be, after stage of Section 244 Cr.P.C. Order Date :- 4.9.2024 N. Sinha 2...:- Anita Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Singh Counsel...

...10.07.2017, by way of endorsement in the order sheet, statement of P.W.2 recorded under Section 244 Cr.P.C. can not be accepted, and in case, statement under Section 244 ...this fact that statement of P.W.2 recorded under Section 244 Cr.P.C. was denied by the trial court by way of endorsement on the order sheet on 10.07.2017, therefore, kind indulgence of this Court ..., as it is evident from the record that no such order was passed by the trial court in rejecting the statement of P.W.-2 which was recorded under Section 244 Cr.P.C. and only a side note is mentioned...

...court of ACJM, Court No.10, Allahabad has rejected the application filed by the applicant claiming discharge, under Section 245(2) Cr.P.C., and has fixed a date for recording of statement under Section ...not in dispute that the applicant has been granted bail in the case concerned and, till date, the statement of the prosecution witnesses have not been recorded under Section 244 Cr.P.C. Under...statement under Section 244 Cr.P.C. and thereafter may claim discharge in accordance with provisions of Section 245(1) Cr.P.C., if so advised. With the aforesaid liberty, this application is...

...of the applicant under Section 245(2) Cr.P.C., the recording of statement under Section 244 is not required. He has drawn the attention of this Court to the provisions ...provisions contained in Section 245(2) Cr.P.C., it is crystal clear that recording of the statement under Section 244 Cr.P.C. is not at all mandatory for disposing the discharge applicati... contained in Section 245(2) Cr.P.C, which clearly states that "245(2) Nothing in this section shall be deemed to prevent a...

...subsequently. Sub-section (2) of Section 244 Cr.P.C. would disclose that Magistrate on an application of prosecution/complainant would be required to issue summons to su...previous stage occurring in sub-section (2) would necessarily mean before evidence of the prosecution as contemplated under Section 244(1) Cr.P.C. is completed or any ...Section 203 of Cr.P.C. by recording the reasons in brief. 7. A plain reading of Section 244(1) of Cr.P.C. would disclose that wh...

...been disposed of till date.5. The Petitioner herein has filed a Petition under Section 244(2), Cr.P.C on 21.07.2005, seeking a direction for issue of pro...stand that Section 245(2), Cr.P.C Petition was not maintainable without the evidence of the prosecution being recorded under Section 244(1...), Cr.P.C The contention was that the Petition under Section 245(2), Cr.P.C will be considered only after taking evidence of the prosecution under ...

...provisions of Section 245(1) Cr.P.C and the courts below were wrong and incorrect in not considering the application under the provisions of Section 245(2) ...Section 244 Cr.P.C, the plea of discharge cannot be considered under the provisions of Section 245(1) or (2) Cr.P.C The mat...provisions of Section 245(1) Cr.P.C and strictly within the provisions of Section 245(2) Cr.P.C and pass a reasoned order as to whether at a s...

...?2. At the outset, it is relevant to notice that the assessment years in all these appeals are on and after 1-4-1989, that is, after the admittance of Section 244-A of the Act by the Direct Tax...to notice certain provisions of the Act prior to the insertion of Section 244-A of the Act. The sections that require to be noticed are: Sections 156, 195(2), 240 and 244 of the Act. A perusal of these...responsible under Section 244-A of the Income Tax Act, 1961 (for short “the Act”) for payment of interest on the refund of tax made to the resident/deductor under Section 240 of the Act...