B - Cases instituted otherwise than on police report.
244. Evidence for prosecution -
(1)
When, in any warrant-case instituted otherwise than on a police report the
accused appears or
is
brought before a Magistrate, the Magistrate shall proceed to hear the prosecution
and take all
such
evidence as may be produced in support of the prosecution.
(2)
The Magistrate may, on the application of the prosecution, issue a summons to
any of its
witnesses
directing him to attend or to produce any document or other thing.
245. When accused shall be discharged -
(1)
If, upon taking all the evidence referred to in section 244 the Magistrate
considers, for
reasons
to be recorded, that no case against the accused has been made out which, if
unrebutted,
would
warrant his conviction, the Magistrate shall discharge him.
(2)
Nothing in this section shall be deemed to prevent a Magistrate from
discharging the accused
at
any previous stage of the case if, for reasons to be recorded by such
Magistrate, he considers
the
charge to be groundless.
STATE AMENDMENT
West Bengal:
In
section 245, after sub-section (2), the following sub-section shall be
inserted, namely:—
"(3)
If the evidence referred to in section 244 are not produced in support of the
prosecution
within
four years from the date of appearance of the accused, the Magistrate shall
discharge the
accused
unless the prosecution satisfies the Magistrate that upon the evidence already
produced
and
for special reasons there is ground for presuming that it shall not be in the
interest of justice
to
discharge the accused."
[Vide W.B. Act 24 of 1968 sec. 5.
246. Procedure where accused is not discharged -
(1)
If, when such evidence has been taken, or at any previous stage of the case,
the Magistrate is
of
opinion that there is ground for presuming that the accused has committed an
offence triable
under
this Chapter, which such Magistrate is competent to try and which, in his
opinion, could be
adequately
punished by him, he shall frame in writing a charge against the accused.
(2)
The charge shall then be read and explained to the accused, and he shall be
asked whether he
pleads
guilty or has any defence to make.
(3)
If the accused pleads guilty, the Magistrate shall record the plea, and may, in
his discretion,
convict
him thereon.
(4)
If the accused refuses to plead, or does not plead or claims to be tried or if
the accused is not
convicted
under sub-section (3) he shall be required to state, at the commencement of the
next
hearing
of the case or, if the Magistrate for reasons to be recorded in writing so
thinks fit,
forthwith
whether he wishes to cross-examine any, and if so, which, of the witnesses for
the
prosecution
whose evidence has been taken.
(5)
If he says he does so wish, the witnesses named by him shall be recalled and,
after crossexamination
and
re-examination (if any), they shall be discharged.
(6)
The evidence of any remaining witnesses for the prosecution shall next be taken
and after
cross-examination
and re-examination (if any), they shall also be discharged.
247. Evidence for defence -
The
accused shall then be called upon to enter upon his defence and produce his
evidence; and
the
provisions of section 243 shall apply to the case.
