section 244 of cr.p.c
D S DOCTOR
(Querist) 02 January 2011
This query is : Resolved
is document placed u/s 244 of cr.p.c.is treated as charesheet? section 244 of cr.p.c. is only help the presiding officer for prima facie that for to proceed further against accused or not and after that Prosecutor get second chance to lead additonal document. pl provide opinion and citation of apex court if possible as this is case other then police report
Ajay Bansal
(Expert) 03 January 2011
Setion244 Cr.P.C. deals with pre-charge evidence in a complaint case.So documents given u/s Section 244 Cr.P.C do not come under defination of charge-sheet,which comes in picture as per provision of Section 245 Cr.P.C.Documents given in proceedings of 244 Cr.P.C. are part of evidence.As far your second chance is concerned it comes under Section 246 Cr.P.C, in which futher evidence can be submited by complainant side through a new witness, who had been not examined in Pre-Charge evidence.
Arun Kumar Bhagat
(Expert) 09 January 2011
Is document placed u/s 244 of cr.p.c.is treated as charesheet? Ans : No, Charge sheet is filed by Police.
After recording all evidence produced by prosecution the Magistrate shall frame Charges u/s 246 Cr.P.C. Thereafter the accused shall cross-examine the prosecution witnesses u/s 246(5) Cr.P.C
