Section
246-
Procedure where accused is not discharged
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If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground r presuming that the accused has committed an offence triabie under this Chapter,wilich such Magistrate is competent to try and which, in his opinion, could be adeqtiateiv punished by him, he shall frame in writing a charge against the accused.
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The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guiltty or has any defence to make.
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lf the accused guilty, the Magistrate shall record the plea, and may, in his discretion convict him thereon.
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lf 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, forthnwitth whether he wishes to cross-examine any, and if so. which of the witnesses for the prosecution whose evidence has been taken.
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lf 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.
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The evidence of any remaining witnesses for the prosecution shall next be taken and afier cross-examination and re-examinalion (if any), they shall also be discharged.
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The Code of Criminal Procedure, 1973
Judgement(s) Found in :
The Code of Criminal Procedure, 1973
Section 246