TMI Blog2018 (10) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... be produced in support of the prosecution)‟ in Section 244(1) of Cr.P.C., the complainant must adduce its evidence in entirety at the stage of pre-charge evidence and it is only thereafter that the trial court Magistrate takes a call as to whether the accused is entitled to be discharged or, conversely, as to whether charge is made out for he to be put to trial thereupon, in terms of further provisions contained in Section 246 - The provision contained in sub- section (6) of Section 246 further clarifies that the law does not insist on the entire evidence to be produced at the stage anterior to framing of charge. The words “evidence of any remaining witnesses for the prosecution shall next be taken” appearing in the said clause leaves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Aggarwal, Standing counsel. Respondent Through: Mr. Arhum Sayeed, Adv. ORDER (ORAL) MR. R.K.GAUBA 1. The petition at hand was filed in May, 2015, invoking jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), challenging the order dated 12.01.2015 of the Court of Chief Metropolitan Magistrate in criminal complaint case (No. 36/1/1996) which was instituted by the petitioner against the respondent alleging offences punishable under Sections 132 and 135 of the Customs Act, 1962 with reference to certain acts of commission or omission relating to the period of August, 1994. 2. The Chief Metropolitan Magistrate, by the impugned order, had restricted the opportunity for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough lodged by a public servant, given the nature of accusations levelled therein with reference to the provisions of Customs Act, 1962 requires to be tried as a case instituted otherwise than on police report under Chapter XIX of Cr.P.C. The provisions contained in Sections 244 246 of Cr.P.C. are relevant for the present controversy. They, to the extent relevant, read as under: 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. xxx 245. When accused shall be discharged.- (1) If ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. It is clear from the above-noted scheme of the procedure for trial of warrant cases instituted otherwise than on police report that the complainant is called upon to lead evidence at a stage which is commonly known as pre-charge‟. Ideally, going by the expressions used (take all such evidence as may be produced in support of the prosecution)‟ in Section 244(1) of Cr.P.C., the complainant must adduce its evidence in entirety at the stage of pre-charge evidence and it is only thereafter that the trial court Magistrate takes a call as to whether the accused is entitled to be discharged or, conversely, as to whether charge is made out for he to be put to trial thereupon, in terms of further provisions contained in Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t aside. It is ordered accordingly. For clarity, it is added that the prosecution will have the liberty to examine the two additional witnesses for which it had made a prayer at the post-charge evidence, this in addition to such witnesses as had been examined earlier at the stage of pre-charge. 10. While parting, this court, however, records its agreement with the grievance of the respondent as to the inordinate delay in conduct of the trial on the complaint presented by the petitioner. Twenty two years have already passed and there seems to be no end to the prosecution which seems to be turning into persecution. A citizen cannot be subjected to such harassment. There will have to be some sense of urgency and expedition. The mis-fortune ..... X X X X Extracts X X X X X X X X Extracts X X X X
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