- (1.) Heard Mr. Subedar Khan, learned Counsel for the Petitioners and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.
(2.) The Petitioner has challenged the order dated 26th of April, 2011, passed by the learned Magistrate, rejecting the Petitioner's application of cross examination of prosecution witness at the stage of proceeding under Section 244 of the Code of Criminal Procedure with the finding that the Petitioner shall get the opportunity of cross examination under Section 246 of the Code of Criminal Procedure after framing of charge.
(3.) Section 244 of the Code of Criminal Procedure is extracted below: 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. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.;