Trial of warrant cases

by Magistrate
Chapter XIX (Section 238 to 250)

- By Sanya Agrawal
Warrant Cases :- two types

a) On Police Report (S. 238 to 243)

b) Other than Police Report (S. 244 to 247)

S. 238 - compliance with S. 207 i.e. providing the copy of Police report (PR) and
other documents to accused.

S. 239 - considering PR and other doc, after hearing both accused and
prosecution → Mag. thinks charges to be groundless → record reasons and
discharge accused.
Jagdish Chandra v. S.K. Karam (1919)

If accused been discharged on the ground that the matter was of civil nature
then it is not illegal, until it is proved that there is miscarriage of justice.

State v. Sitaram Dayaram (1959)

Before discharging the accused, the magistrate has to see if there is any prima
facie case against him or not.
 240 (1) 240(1) 240(2)

After Examination and Mag. should be Charge should be read

hearing by Mag. → thinks competent to try + in his and explained to accused
of commission of offence opinion competent to give (if not explained or read
by accused → frame adequate punishment then, it can result in
charges against him setting aside of trial) →
ask accused if he pleads
guilty or not → if yes,
Mag. record reasons and
may convict him (S. 241)
 S. 242
Always 1st prosecution is given a chance to present his case, because he has
brought the case and the Burden of Proof is on him.
1. Not pleads guilty/ pleads guilty but Mag. doesn’t convict → fix date for
examination of witness
Proviso - Mag. shall supply statements of witness to accused, recorded during
investigation i.e. both under 162 and 164
2. On prosecution application, summon witnesses to attend or to produce
things or docs
3. Mag. fix a date and take hear all evidences of prosecution
Proviso - Mag. may allow cross examination (S. 137 IEA) of any of the prosecution
witness or recall any such witness already examined for further cross
examination.
 S. 243
Under S. 313, accused can be heard and present his facts and circumstances
before the court.

1. Accused will be called to present his defence → if submitted any written

statement then taken on record
2. Accused can apply to Mag. for attendance of any witness for examination
or cross - examination → mag. May refuse if he thinks application filed for
vexation and delay or to defeat ends of justice → if refusing, record
reasons

Proviso - if accused earlier ad opportunity to cross - examine witnesses, no

need to call them again unless necessary for ends of justice.

3. Mag. can ask accused to deposit in court the reasonable expenses of

witnesses.
Kanti Bhadra Shah v. State of W.B. (2000)
Whenever in any case filed on a PR, Mag. feels that there is no prima facie case
against accused and he discharges him, the Mag. has to write the reasons too
for the discharge.

However, if he is framing charges against the accused and initiating the trial
then there is no need of writing down the reasons for the same.
 Case instituted otherwise on PR
S. 244 - 247 are related to cases filed otherwise on police report i.e. complaint
or information cases

1. Mag. directly starts with evidence for prosecution as there is no

investigation and hence, no need to see if the documents have been
provided to the accused. Therefore the procedure under S. 238, 239 need
not to be followed.
2. Rest is same as S. 242

Gopal Krishna v. State of Kerala (2002)

If the case is instituted otherwise on a police report then, there is no material

available with the magistrate to frame charges hence, first the examination of
prosecution witnesses is done so that there is sufficient material available with
Mag. to frame charges against the accused. And trial can be started only after
taking evidence and not before that.
 Ajay Kumar Ghosh v. State of Jharkhand (2009)
Trial court cannot proceed with the framing of the charges until they collect
evidences or fulfil the procedure given under S. 244.

S. 245
S. 245(1) - Magistrate can discharge accused after taking evidences under S.
244

S. 245(2) - Mag. has power to discharge accused at any time i.e. even before S.
244, after complaint, during issue process etc - hence, this can work as an
exception to 245(1).
S. 246
S. 246 (1) and 246 (2) same as S. 240

S. 246 (3) same as S. 241

S. 246 (4) - Mag. will ask accused if wants to cross examine any prosecution
witness → this is a matter of right of accused, here accused cannot be denied
his right to cross examine any witness which has already been examined by the
prosecution.

S. 246(5) & (6) - Right to cross examine and re-examine any additional witness
bot by accused and prosecution.

S. 247 - same procedure as given under S. 243

S. 248-250 applicable in both types of Warrant Cases
S. 248 (1) - After conclusion of trial, if Mag. finds accused not guilty → acquit him

248 (2) - if finds guilty and case is not falling under S. 325 (where Mag. cannot
pass sufficient sentence) or under S. 360 (probation or admonition of offender)
then, pass sentence accordingly.

248 (3) - If accused previously convicted then, sentence him accordingly, if he

accepts his previous conviction. However, if accused doesn’t accept his
previous conviction then, mag. Will listen to that charge in detail and then he
will decide.

Provided, no such hearing on the previous charge will be done until and unless
the acused has been convicted. If no conviction or before conviction, no such
hearing
S. 249 - If complaint proceedings instituted and on hearing date, complainant
is absent and one of these two conditions are fulfilled, the mag. May discharge
the accused, before the framing of the charges.

These conditions are:

a) Offence may be lawfully compounded

b) It is not a cognizable offence

Hence, for the application of this section these things have to be proved -

a) Complaint proceedings;
b) Complainant is absent on date of hearing;
c) Offence can be compounded lawfully or is not a cognizable offence.
 S. 250
250 (1) - If in any case, accused is discharged or acquitted by Mag. and he is of
the opinion that there was no reasonable ground for making accusation →
Mag. may call the complainant or the informant to show cause why he should
not pay compensation to such accused, for the false accusation.

250(2) - if mag. Finds no reasonable ground then, he can order such

compensation as he thinks fit, not exceeding the amount of fine he is
competent to impose.

250(3) - default of payment of compensation → imprisonment for maximum 30

days.

250(5) - order of compensation under this section, won’t dissolve the

complainant or informant from any civil or criminal liability → but the amount
of compensation already paid will be taken into consideration in the
subsequent suit
250(6) - if order to pay compensation is given by Judicial Magistrate 2nd class
and amount is more than Rs 100 then, complainant or informant can appeal
from suh order as if he was convicted on a trial by such magistrate.

250 (7) - no payment should be made to accused of the compensation -

a) Till the period for filing of appeal has elapsed

b) If appeal presented, before the appeal has been decided
c) If order cannot be subjected to appeal → till expiration of 1 month from
the date of order.

250 (8) - Provisions of this section apply to both summon cases as well as
warrant cases.
Thank You!