....21. However, in a warrant trial instituted otherwise than on a police report, when the accused appears or is brought before the Magistrate under Section 244(1) CrPC, the Magistrate has to hear...the prosecution and take all such evidence as may be produced in support of the prosecution. In this, the Magistrate may issue summons to the witnesses also under Section 244(2) CrPC on the...Sections 244 and 245 CrPC since this is a warrant trial instituted otherwise than on police report. There had to be an opportunity for the prosecution to lead evidence under Section 244(1) CrPC or to...

...Chief Judicial Magistrate in the impugned order dated 13-12-2001 has not granted any opportunity of adducing the evidences in detail under the provisions of Section 244 CrPC but by not granting any...opportunity to adduce the evidences by the complainant under Section 244 CrPC has passed the impugned order under the provisions of Section 245(2) CrPC which is not legal and proper. Under the provisions...of Section 244 CrPC the complainant must be granted opportunity of filing the evidences in detail as per the law. Under the above provisions, the charges are framed against the accused persons after...

...perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC but since the applicant himself remained absent on many dates and the accused...too, no evidence could be adduced under Section 244 CrPC by the present applicant. Hence, the applicant / complainant is directed to appear before the Court concerned on the next date fixed i.e.... 3.6.2025 for recording his evidence under Section 244 CrPC and if the said statement is recorded, the trial court is directed to make all endeavours to decide the case expeditiously, if there is no legal...

...read with section 244 CrPC was dismissed while accepting the application for taking documents on record.2. Learned counsel submits that two witnesses need to be produced at the...stage of recording pre-charge evidence. The application has been dismissed in ignorance of the provisions of section 311 read with section 244 CrPC. In view of above...order so as the application under section 311 read with section 244 CrPC. The application does not disclose any relevance of the witness sought to be produced and even no...

...section 245 CrPC learned Magistrate ought to have examined under section 244 CrPC. Section 245 CrPC is interdependent with section 244 CrPC. Na..., 2015 passed by learned Metropolitan Magistrate, 16th Court at Calcutta dismissing an application under section 245 CrPC on different grounds. At the time of hearing the petition under...application directing that the complainant would be asked to produce those witnesses also; and that if he fails to do so, only in that case learned Magistrate shall hear the application under section 245...

...perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC but since the applicant herself remained absent on some dates and the P.O. was on...training, no evidence could be adduced under Section 244 CrPC by the present applicant. Hence, the applicant / complainant is directed to appear before the Court concerned on the next date fixed in...the matter for recording her evidence under Section 244 CrPC and if the said statement is recorded, the trial court is directed to make all possible endeavours to decide the case expeditiously, if...

...before the High Court in Sunil Mehta v. State of Gujarat. Inevitably the matter came up before the trial court under Section 244 CrPC where...Magistrate raised a specific contention that no charge could be framed against them as the complainant had not led any evidence in terms of Section 244 of the Code and that the depositions recorded before the Magistrate under ...meaning of the Evidence Act and so also within the meaning of Section 244 CrPC is what is recorded in the manner stipulated under Section 138 in the case of oral evidence. Documentary evidence would...

...trial court to commence the proceedings qua Respondent 5 from the stage of inquiry i.e from the stage of Section 244 CrPC and to allow the cross-examination of the witnesses of the prosecution at the...no such right of cross-examination under Sections 244, 245 and 246 CrPC.8. The counsel argues that the term “evidence” as mentioned in Section 244 CrPC does not...the word “proceedings” would then include not only the trial but also the inquiry which commences with Section 244 CrPC and ends with the framing of the charge under Section 246 CrPC. The terminology...

...perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC. Needless to say that evidence under the said Section may be adduced by the...applicant / complainant himself but it is very strange that instead of adducing evidence under Section 244 CrPC, the applicant / complainant unnecessarily knocked at the door of this Court, which is not a...Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 5175 of 2018, under Section 494 IPC, Police Station Kotwali Mau, District Mau, pending in the...

...witnesses have been recorded under Section 244 CrPC but despite recording the witnesses under Section 244 CrPC, the matter has not been proceeded further. Therefore, learned counsel seeks interven...directions under Section 529 BNSS for expeditious disposal of the case. 4. Hence the application is disposed of with the direction that the learned trial court shall proceed Case No. 3719 of...

...appears from the perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC. Needless to say that evidence under the said Section may be...adduced by the applicant / complainant himself but it is very strange that instead of adducing evidence under Section 244 CrPC, the applicant / complainant unnecessarily knocked the door of this Court...Up And 2 Others Counsel for Applicant :- Abhishek,Brajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has...

...perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC. Needless to say that evidence under the said Section may be adduced by the...applicant / complainant himself but it is very strange that instead of adducing evidence under Section 244 CrPC, the applicant / complainant unnecessarily knocked at the door of this Court, which is not a...U.P. And 4 Others Counsel for Applicant :- Ayyaz Khan,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS...

.... 3. It appears from the perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC. Needless to say that evidence under the said Section may...be adduced by the applicant / complainant himself but it is very strange that instead of adducing evidence under Section 244 CrPC, the applicant / complainant unnecessarily knocked the door of this.... and Another Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed...

...applicant as well as learned A.G.A. for the State. 3. It appears from the perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC. Needless...to say that evidence under the said Section may be adduced by the applicant / complainant herself but it is very strange that instead of adducing evidence under Section 244 CrPC, the...application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Complaint Case No.1718 of 2020, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police...

...of the complainant and his witnesses, under Section 244 CrPC, have not yet been recorded. In so far as the complaint allegations and the statement recorded under Sections 200 and 202 CrPC are concerned...liberty to the petitioners to seek for discharge after recording of statements under section 244 CrPC. Order Date :- 16.5.2017. Rks. Neutral Citation No. - 2017:AHC:78479 ..., Azamgarh and Additional Sessions Judge, Court No.4, Azamgarh in complaint case no.400 of 2014 and criminal revision no.53 of 2015, respectively, by which the application of the petitioners under Section...

...has obtained bail and is participating in the proceeding before the Court below. Discharge application was moved before recording the statement under Section 244 CrPC which was rejected by the Court...recording the statement under Section 244 CrPC. Hence, no question arises to entertain the revision. The criminal revision lacks merits and is liable to be dismissed. The criminal revision...under Section 245(2) CrPC moved by the revisionist has been rejected. Heard learned counsel for the revisionist and the learned AGA and perused the record. In this matter, revisionist...

...referred to as “CrPC”). Therefore, at a later stage supplementary list of witnesses under Section 244(2) CrPC could not be furnished to be examined. The learned Single Judge, accordingly, allowed the...Section 204 CrPC. Thereafter, charge was framed and the trial began in the present case. Then under Section 244 CrPC the SDJM proceeded to hear the prosecution and took all such evidence as was produced...whatever witnesses who have been examined under Section 244 CrPC, whether the Magistrate cannot entertain any further list of witnesses to be examined by the complainant to substantiate his allegation in...

...accused persons appeared but the complaint case is still pending at the stage of recording of evidence under section 244 Cr.P.C. and only dates are being fixed. 4. I have considered the submissions and perused th...party nos. 2 to 4 are not interested to complete the cross-examination of PW-1 under Section 244 CrPC. Hence, the trial court is directed to make all possible...Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court...

...the record that the evidence of PW-1 and PW-2 under Section 244 CrPC has been recorded and now the evidence of rest of witnesses, who are the family members of the applicant, is to be recorded. Since... trial court, rather the applicant is directed to produce the witnesses, who are her family members, before the Court for recording the evidence under Section 244 CrPC. However, ...of recording of evidence under section 244 Cr.P.C. Earlier the applicant had approached this Court through Application U/S 482 No.2687 of 2021 and a Coordinate Bench of this Court...

...accused (applicants) procedure provided under Section 244 CrPC shall be followed. No ground is made out to interfere with the matter. The prayer made in the application is refused. The application being...Applicant :- Ashok Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J. The present application under Section 482 Cr.P.C. has been filed by the applicants with the...crime no. 98 of 2013 under Section 323 IPC, P.S. Lalapur, District Allahabad. Further prayer has been made to stay the further proceedings of the aforesaid case. Heard learned counsel for the...