Q. Explain the procedure before a magistrate in a complaint case. (2019, 20 marks)
Complaint Case: S.210 of CrPC defines complaint case as Warrant case instituted otherwise than on a police report. Sections 244 to 249 deals with the procedure in complaint case.
S.244 Evidence for prosecution
Proceed with hearing, examine prosecution evidence
Summon prosecution witnesses on application of PP
S.245 When accused shall be discharged
On examining of evidences and witnesses as per S244, the Magistrate finds no case made out against the accused can order a discharge
The magistrate can discharge the accused at any previous stages of the trial if he finds the charges to be groundless
S.246 Procedure when accused is not discharged
Frame charges
Read and explain the charges to he accused
If accused pleads guilty, convict the accused
If refuses or not plead guilty, the accused will provide list of witnesses he wants to cross-examine
If he names so, the defence will cross examine all those witnesses
Evidences of remaining Prosecution witnesses
S.247 Evidence of Defence
Evidences of defence witnesses to be called
S.248 Acquittal or conviction
2.249 Absence of complainant
If the offence is compoundable and non-cognizable, Discharge at the discretion of the magistrate
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