...purpose. Section 244 (2) of Cr. P.C. reads thus: Magistrate may if he thinks fit on the application of the complainant or accused issue...consideration is different. Cognizance was taken by the trial Court on the report of a Police Officer. Therefore Sub-section (2) of Section 244. Cr. P.C. has no...until the witness executes such a bond or until the hearing of the case is complete Thus quite apart from Section 244 (2) a complete machinery is provided in the Code to secure attendance of prosecution wi...

...a police report. Under section 244 cr. P. C. In a warrant case (on a private complaint) , the magistrate shall take all such evidence, as may be produced, in support of the prosecution. Under sub - section...the magistrate under section 244 (2) of cr. P. C. Does not extend to summon only the witnesses whose names are mentioned in the complaint, the power is a broader power which enables the magistrate to...summon even those persons, who are not cited as witnesses. If, after taking of the evidence produced under section 244 (1) of cr. P. C. , or on examining the witnesses summoned under section ...

...which the learned Magistrate has rejected the petition dated 21.02.2018 filed on behalf of petitioner under Section 244(2) of the Cr. P.C. as also the order dated 08.07.2019 passed by learned Sess...valid reasons the witness could not be produced on the date fixed. The petitioner filed application under Section 244(2) of the Cr. P.C. on 21.02.2018 i.e. just next date, after the date fixed for...244(2) of the Cr. P.C. is just and valid, in the fact and circumstances of the case, and requires no interference.8. The application is, accordingly, dismissed....

...Magistrate in the warrant case was not justified by the provisions of Section 257(1) of the Cr PC, and I have found it possible to pass orders which should meet the ends of justi...proceeded to deliver judgment in both of them without having examined this particular witness for the defence.2. In a connected application I have held that the procedure of the...the Cr PC, the Magistrate was under no obligation to issue process to compel the attendance of any...

...under Section 244 of Cr. P.C but he is not bound to cross-examine the witness at this stage. Copies of statements of witnesses examined under ...filed along with petition show that statement of PW 1 Ved Prakash has been recorded under Section 244 of Cr. P.C on 17.05.2013 while the statement of PW-2 Aradh...not been given opportunity of cross-examination under Section 244 of Cr. P.C in above complaint case. Therefore, petitioner moved application for recall of witnesses exa...

...evidence for the prosecution under Section 244(1) Cr. P.C During that stage CWs 1 and 2 who were examined as PWs 2 and 3 and who had initially supported the revision petitioner/.... P.C for re-opening the evidence and to permit her to examine one more witness. That petition was dismissed by the learned Magistrate on 19-10-2007 for the reason that Section 244 Cr. P.C...filed for examining a new witness, she will not succeed since at the stage of taking evidence for the prosecution under Section 244 (1) Cr. P.C the complainant is not entitled to produce ...

...recorded by such Magistrate, he considers the charge to be groundless.”12. In the instant case no evidence under section 244, Cr. P.C has been recorded by the learned Magistrate. ...Shamshad Alam under the provisions of section 245(2), Cr. P.C After hearing both the sides, the learned Magistrate dismissed both the applications vide its order dated....10. Now I am proceeding to consider in detail Criminal Revision No. 409 of 2000.11. Jalees Ahmad had moved an application under section 245(2), Cr. P.C ...

...mentioned in Section 244, Cr. P.C14. It is true mat in view of Section 245(2), Cr. P.C the Magistrate is empowered t...order of discharge for reasons to be recorded after appearance of the accused and before recording the evidence under Section 244, Cr. P.C or during the course of proce...discharge made under section 245(2) of Cr. P.C2. Brief facts for deciding this petition are that opposite party No. 2 Smt. Mayawati moved an application under ...

...discharge filed on behalf of the accused-opposite party no.2 to 4 under Section 244 of the Cr. 1 2/5... P.C.. The accused-opposite party no.2 to 4 has challenged the aforesaid order by filing the revision application before the learned revisional Court vide Cr. Rev. no. 559 of 2013 and...that the learned Additional Sessions judge has travelled beyond the jurisdiction contained under Section 397 of the Cr. P.C. The learned Court is required to see only the correctness, legality or...

.... 10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Gogri P.S. Case No. 244 of 2020, subject to the conditions as laid down unde...Sections 147, 148, 149, 341, 323, 324, 504, 506, 307, 354(B) and 379 of the Penal Code, 1860 and Section 27 of the Arms Act, registered in connection with Gogri P.S. Case No. 244 of 2020.... 2. Heard the learned counsel for the petitioners and learned APP for the State. 3. The petitioners apprehend their arrest for the offences alleged under...

...Pandwa P.S. Case No. 10 of 2017 (G.R. Case No. 244 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu- ...privilege of anticipatory bail in connection with Pandwa P.S. Case No. 10 of 2017 (G.R. Case No. 244 of 2017) registered under section 498A, 328 and 34 of the Indian Penal Code...For the Petitioner : Mr. Pankaj Kr. Dubey, Adv. For the State : Addl. P.P. 04 /24.07.2017 Apprehending her arrest, the petitioner has moved this Court for grant of...

...prosecution’ under Section 244(1) and Section 244(2) and Section 252(2) of the Cr PC’ shows the ample powers of the court in this res...inexorably to the list of witness mentioned in Section 204(1A) of the Cr PC then that would have the effect of abolishing section 252(2) of the Code. The provis...legislature has given to the Magistrate in Section 252(2) of the Cr PC would be utterly empty.10. The next point urged by Mr. Dutt with regard to the non-conformance to the mandatory...

...appears or is brought before the Magistrate under section 244(1) Cr. P.C, the Magistrate has to hear the prosecution and take all such evidence, as may be produced in support of the pros...prosecution. (Refer : Sural Mehta (supra).12. Now, there is a clear difference in sections 245(1) and 245(2) of the Cr. P.C. Under section 245(1), the Magistrate has the a...under section 244 Cr. P.C. The words appearing in section 245(2) Cr. P.C. “at any previous stage of the case”, clearly brings out t...

..., Lohardaga, in connection with Bhandra P.S. Case No. 35 of 2017 (G.R. No. 244 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the ...privilege of anticipatory bail in connection with Bhandra P.S. Case No. 35 of 2017 (G.R. No. 244 of 2017) registered under sections 341/323/353/504/506 of the Indian Penal Code...For the Petitioner : Mr. Bhola Nath Ojha, Adv. For the State : Addl. P.P. 04 /02.08.2017 Apprehending their arrest, the petitioners have moved this Court for grant of...

...witnesses at this stage. Further under Sub-Section 2 of Section 244 Cr. P.C the Magistrate is under no obligation to summon any witness on his own. It is only on the ap...Singh Batra stands proved by the testimony of PW 1 Subhash Narayan who in his statement under Section 244 Cr. P.C, stated that he recorded the statement of Virender Singh Batra ...terms of Section 244 Cr. P.C in the complaint case. Reliance is placed on Mohtesham Mohd. Ismail v. Spl. Director...

...brought before the Magistrate under section 244(1) Cr. P.C, the Magistrate has to hear the prosecution and take all such evidence, as may be produced in support of the prosecution. In th.... (Refer: Sunil Mehta (supra).13. Now, there is a clear difference in sections 245(1) and 245(2) of the Cr. P.C. Under section 245(1), the Magis trate has the advantage ...the evidence is led under section 244 Cr. P.C. The words appearing in section 245(2) Cr. P.C. “at any previous stage of the case”, ...

...each to the satisfaction of learned S.D.J.M. Sahebganj, in connection with Borio (J) P.S. Case No. 244/2014, corresponding to G.R. No. 535/2014, subject to the conditions as laid down under Section 438(...informant prepared a false document and increased the loan amount of Rs.1,50,000/- to Rs.4,40,000/- and started demanding the alleged forged amount from the petitioner No. 2 with a motive to grab her...land and pucca house but on protest, the informant started to threatened the petitioner No. 2. Petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail of the petitioner...

...affidavit. The Trial Court summoned the applicants for the aforesaid offences. The opposite party No. 2 was examined under section 244 Cr. P.C A copy of the statement of...annexed as Annexure-2. An application for discharge was moved on behalf of the applicant No. 1 under section 245 Cr. P.C stating therein that he was.... Section 182(2) Cr. P.C reads as under:—“Any offence punishable under section 494 or section 495 of the Indian Penal Code, (45 ...

.../- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Harsidhi PS. Case No. 244 of 2022 ...Satyavrat Verma, J.:— Heard learned counsel for the petitioners and learned A.P.P. for the State.2. The petitioners apprehend their arrest in a...case registered for the offences punishable under Sections 304B 302, 34 of the Penal Code, 1860.3. Learned counsel for the petitioners seeks permission to withdraw the...

...framed against the accused for the offence under Section 420 I.P.C. and thus, apparently, compliance of Section 244 of Cr. P.C. was not requi...court had convicted the respondent for the offence under Section 420 I.P.C. without adhering to the mandatory provisions of Sections 244 and 245 Cr. P.C...prosecution allegations. Since Section 245(2) Cr. P.C. empowers the Magistrate to discharge the accused without recording evidence, the order dated 16.2.2002, referred to supra, has...