TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT. Section 238 of criminal procedure code, the statute, deals with compliance with section 207. When in any warrant case instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207. Section 239. When accused shall be discharged. If upon considering the police report and the documents sent with it under section 173 and making such examination if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. Section 240. Framing of charge. 1) If upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. Section 241. Conviction on plea of guilty. If the accused plead guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon. Section 242. Evidence for prosecution. 1) If the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for examination of witnesses. (provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during the investigation by the police.) 2) The magistrate may, on the application of the prosecution, issue a summon to any one of the witnesses directing him to attend or to produce any document or other thing. 3) On the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the magistrate may permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross examination. Section 243. Evidence for defence. 1) The accused shall then be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the magistrate shall file it with the records. 2) If the accused, after he has entered upon his

TRIAL OF WARRANT CASES BY MAGISTRATES – CASES INSTITUTED ON POLICE REPORT.

Section 238 of criminal procedure code, the statute, deals with compliance with section 207. When in any warrant case instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207.

Section 239. When accused shall be discharged. If upon considering the police report and the documents sent with it under section 173 and making such examination if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Section 240. Framing of charge.

1)    If upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

2)    The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Section 241. Conviction on plea of guilty. If the accused plead guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon.

Section 242. Evidence for prosecution.

1)    If the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for examination of witnesses.   (provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during the investigation by the police.)

2)    The magistrate may, on the application of the prosecution, issue a summon to any one of the witnesses directing him to attend or to produce any document or other thing.

3)    On the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.

Provided that the magistrate may permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross examination.

Section 243. Evidence for defence.

1)    The accused shall then be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the magistrate shall file it with the records.

2)    If the accused, after he has entered upon his defence, applies to magistrate to issue any process for compelling the attendance of any witness for the purpose of examination for cross examination, or production of any document or other thing, the magistrate shall1)    issue such process unless he considers that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing.  Provided that, when the accused has cross examined or had the opportunity of cross examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the magistrate is satisfied that it is necessary for the end of justice.

2)    The magistrate may before summoning any witness on an application under sub section (2) require that the reasonable expenses incurred by the witness in attending for the purpose of the trial be deposited in court.