Section 244 of CRPC "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.
Section 245 of CRPC "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 of the principal Act, after sub-section (2), the following
sub-section shall be inserted: -
"(3) If all 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 West Bengal Act 24 of 1988, s. 5.]
Section 246 of CRPC "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
cross-examination 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.
Section 247 of CRPC "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.
TRIAL BEFORE A COURT OF SESSION
Cases instituted otherwise than on police report
Conclusion of trial