Trial of Warrant Cases by Magistrate
Trial of Warrant Cases by Magistrate
Trial of Warrant Cases by Magistrate
by Magistrate
Chapter XIX (Section 238 to 250)
- By Sanya Agrawal
Warrant Cases :- two types
S. 238 - compliance with S. 207 i.e. providing the copy of Police report (PR) and
other documents to accused.
S. 239 - considering PR and other doc, after hearing both accused and
prosecution → Mag. thinks charges to be groundless → record reasons and
discharge accused.
Jagdish Chandra v. S.K. Karam (1919)
If accused been discharged on the ground that the matter was of civil nature
then it is not illegal, until it is proved that there is miscarriage of justice.
Before discharging the accused, the magistrate has to see if there is any prima
facie case against him or not.
240 (1) 240(1) 240(2)
However, if he is framing charges against the accused and initiating the trial
then there is no need of writing down the reasons for the same.
Case instituted otherwise on PR
S. 244 - 247 are related to cases filed otherwise on police report i.e. complaint
or information cases
S. 245
S. 245(1) - Magistrate can discharge accused after taking evidences under S.
244
S. 245(2) - Mag. has power to discharge accused at any time i.e. even before S.
244, after complaint, during issue process etc - hence, this can work as an
exception to 245(1).
S. 246
S. 246 (1) and 246 (2) same as S. 240
S. 246 (4) - Mag. will ask accused if wants to cross examine any prosecution
witness → this is a matter of right of accused, here accused cannot be denied
his right to cross examine any witness which has already been examined by the
prosecution.
S. 246(5) & (6) - Right to cross examine and re-examine any additional witness
bot by accused and prosecution.
248 (2) - if finds guilty and case is not falling under S. 325 (where Mag. cannot
pass sufficient sentence) or under S. 360 (probation or admonition of offender)
then, pass sentence accordingly.
Provided, no such hearing on the previous charge will be done until and unless
the acused has been convicted. If no conviction or before conviction, no such
hearing
S. 249 - If complaint proceedings instituted and on hearing date, complainant
is absent and one of these two conditions are fulfilled, the mag. May discharge
the accused, before the framing of the charges.
Hence, for the application of this section these things have to be proved -
a) Complaint proceedings;
b) Complainant is absent on date of hearing;
c) Offence can be compounded lawfully or is not a cognizable offence.
S. 250
250 (1) - If in any case, accused is discharged or acquitted by Mag. and he is of
the opinion that there was no reasonable ground for making accusation →
Mag. may call the complainant or the informant to show cause why he should
not pay compensation to such accused, for the false accusation.
250 (8) - Provisions of this section apply to both summon cases as well as
warrant cases.
Thank You!